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HomeMy WebLinkAbout2012.08.13_Planning Commission MinutesOWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, August 13, 2012 The Owasso Planning Commission met in regular session on Monday, August 13, 2012 at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on August 8, 2012. ITEM 1. CALL TO ORDER Dr. Callery called the meeting to order at 6:00 p.m. ITEM 2. ROLL CALL PRESENT ABSENT Dr. Paul Loving Dr. Mark Callery David Vines Tammy Laakso Alex Mills (in @ 6:08 PM) A quorum was declared present. STAFF Karl Fritschen Marsha Hensley Bronce Stephenson Darniel Dealing Julie Lombardi Dan Salts ITEM 3. Approval of Minutes from July 2, 2012 Special Meeting. The Commission reviewed the minutes. David Vines moved, seconded by Tammy Laakso, to approve the minutes. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso NAY: None Motion carried 4 -0. ITEM 4. Annexation #OA 12 -01 - Consideration and appropriate action related to a request for the annexation of approximately 49.94 acres, located on the west side of North Mingo Road approximately one - quarter mile north of East l 06t" Street North. Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the annexation. The following are concerns expressed by several Owasso OWASSO PLANNING COMMISSION August 13, 2012 Page No. 2 citizens that were present: Joe Falleur- 1 1019 North 92 East Avenue - Stormwater run off concerns. The city needs to spent money to prevent flooding in this area prior to annexation. The homeowners of Metro Heights have been promised detention and they didn't get what was promised to them. Robert Higgins - 11235 North 94 East Avenue - Lives at the dead end street; adding this as a through street is a problem. There is constant flooding in his back yard. Maybe increase the lot sizes to prevent flooding. Sue Piggott - 8500 East 116 Street North - Wondering if the city would be in favor of lining the ditches with concrete. Handed out a report showing the history of water runoff in the area (attached). Jan Thomas - 7623 East 116 Street North - The Commissioners doesn't seem to be listening to the citizens. Nobody is speaking back to us. It doesn't take much to flood the entrance into Metro Heights. We are very frustrated. The Commissioners need to have their eyes wide open. Sandy Brown - 11236 North 94 East Avenue - Spoke to the people at FEMA and they said it will be very expensive to build on this property. Do not annex. Presented a letter of opposition to the Commissioners (attached). Julie Lombardi explained to the citizens that the Commissioners have to consider if the property can be provided Owasso municipal services, such as police, fire, refuse collection and sanitary sewer. Alex Mills stated that he feels more comfortable with it being annexed into the city and developed under city supervision instead of Tulsa County. Alex Mills moved to approve the annexation, Dr. Loving seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0. ITEM 5. Final Plat - 96th Street North Center -Consideration and appropriate action related to the request for the review and acceptance of a final plat consisting of two (2) lots, one (1) block on 2.200 acres located approximately 332' east of the northeast corner of East 96th Street North and North Garnett Road. Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the final plat for 96th Street North Center. Ricky Jones with Tanner Consulting answered questions regarding the storm water detention. OWASSO PLANNING COMMISSION August 13, 2012 Page No. 3 Tammy Laakso moved to approve the above final plat, David Vines seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0. ITEM 6. Lot Split #OLS 12 -01 - Consideration and appropriate action related to the request for the review and acceptance of a lot split located on a tract of land described as Lot 1, Block 23, Original Town of Owasso. Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the lot split. Matt Christensen with U.S. Cellular was present to answer questions. Alex Mills moved to approve the lot split, David Vines seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0. ITEM 7. Public Hearing - Minimum Side Yard Setbacks for Swimminq Pools - Consideration and appropriate action related to a request to review and recommendation to the City Council of a draft for a proposed zoning code text amendment regarding Chapter 2, Section 240.2 (F). Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the proposed zoning code text amendment. THE PUBLIC HEARING WAS OPENED AT 7:15 PM. There were no comments from citizens. Alex Mills moved to close the public hearing, Dr. Loving seconded the motion. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Mills, Laakso NAY: None Motion carried 5 -0. THE PUBLIC HEARING WAS CLOSED AT 7:16 PM. Tammy Laakso had concerns regarding the amount of time it will take for staff to check every pool site. She also has concerns with a pool being placed too close to a fence OWASSO PLANNING COMMISSION August 13, 2012 Page No. 4 and the danger of children jumping from the fence into the pool. David Vines moved to approve the above zoning code text amendment subject to the following changes: • Second line should read "a minimum setback of five (5) feet ". • Strike the words "or equipment" in the sixth line down. • The last line should read "five (5)" feet from any side lot line is met ". Dr. Loving seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Mills NAY: Laakso Motion carried 4 -1. ITEM 8. Report on Items from July 25, 2012 TAC Meeting ITEM 9. Report on Items Previously Forwarded to City Council ITEM 10. Community Development Report ITEM 11. Discussion on Planning Commission Member Training Workshop, October 5, 2012, 1 1:00AM - 2:OOPM. ITEM 12. ADJOURNMENT - David Vines moved, seconded by Tammy Laakso, to adjourn the meeting. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0 and the meeting as adj urned at 8:15 PM. Chairperson Vice Chairperson C, , G "-?-h 10 a o a Date August 13, 2012 Reference; Annexation of the Powderhorn Ranch Rodney Ray I vy'c f Mayor Bonebrake Jeri Moberly Chris Kelley Charlie Brown Patrick Ross H. Dwayne Henderson P.E. The Owasso City Planner was given several copies of our notebook and cd`s to help you understand the existing flooding problems in this area. The drainage problem has worsened since 1977 with the building of Walmart, storage area and residential areas at German Corner. As each housing development was built, the water flows have grown worse. The files attached are those submitted in 2002 because of the annexation and rezoning of two sub- divisions, both would drain into Ranch Creek and cause great harm to the residents along N. 92 "d East Ave. and 106th St. North. A 160 acre piece of land rezoned for development is on the corner of 106th and Memorial, the other is Metro Heights at 108th & Mingo Road. The conditions still apply and these reports give a full history of our efforts to get the City of Owasso to realize that a regional detention has to be constructed close to the corner of 116th St. North at Mingo Rd. before further development can be allowed. We feel there Is full disregard for the residents down stream of this problem, and a good question for you to answer would be....would the City let this happen if the downstream residents were in the city limits instead of residents of Tulsa County. Please examine these reports carefully, they only ask for "No Adverse Impact" to other land owners! Sue Piggott 8500 E. 116th St. North Owasso, Oklahoma 74055 918 -371 -0143 ors( #_i� September 29, 2002 The Annexation Committee City of Owasso Owasso, Oklahoma Dear Members of the Annexation Committee: We would like to request the City of Owasso evaluate the importance of the 4 to Fix the County Bond issue, which is a tax all of us in Tulsa County are paying. The multiple purposes of this tax are suited for different areas, the one we are most interested is flood mitigation, current floodplam maps and the potential of this information to the areas that already have flooding problems. Now, this information your city has not been able to study, is affordable to all communities within Tulsa County by purchasing GIS computer software. I have enclosed information to assist in your understanding of this request. (Special Management Conference, Aug. 14, 2002) Part of the reason for the 4 to Fix the County Tax was to stop flooding by having up -to -date information since the current flood maps nationwide were made in the late 1970's. A national program "No Adverse Impact" underwritten by FEMA, will make local governments and the community responsible for future land uses that cause no harm, a principal which seems logical for Owasso to readily adopt. To assist you in understanding the scope of this action, enclosed is a presentation given by Representative Thad Balkman at a conference of the Oklahoma Floodplain Managers Association this past spring. The citizens who live close to the upper Ranch Creek tributaries above and below E. 106th St. N, between Mingo and Memorial, have talked to Tulsa County since last year about our flooding problems. We have been assured that our information is accurate and our location will be shown on the new flood maps. In addition to Tulsa County, the Corp of Engineers and the Oklahoma Water Resources Board have been provided with pictures of the water problems in this area. All agencies seem to agree that correcting our problems above 106th St. N. would be easy to solve, but it will take years to get the creek below 106th Street cleared of trees to allow the faster flow of water from our area. It seems that no county, city or state has enough funds to solve all their flooding problems, hence the need for current flood maps, stormwater flows and a basin study to mitigate problem areas and in turn, not create more flooding with future developments when land use plans do not consider future water flows. The reason we want the City of Owasso to embrace and work within the principals of No Adverse Impact, is simply the knowledge we have gained over the past year. Detention ponds, stormwater drainage systems, aerobic sewer systems, soil content, topography maps, designs for housing developments, construction of a pond uphill from a detention pond to slow the flow of water, all are dependent on current design criteria and sub - division development standards set by the local government. Last summer then Mr. Sokolsky applied for a. residential zoning change in Tulsa County, we wanted to know how the water runoff would be controlled. Today, we still want to know how the water runoff will be controlled? After seeing the flooding problems at Metro I, the total disregard for personal property at Metro II as well as Honey Creek at Bailey Ranch, can you really blame us for wanting to know this answer? Of course, we realize it will depend on a plat submitted by the developer, however, your local standards and the variances allowed control the outcome. Currently the 160 acres (Tract A) above 106th St. N. drains onto 3 or 4 different properties to the east (N. 92nd E. Ave) and south. The present storm water runoff into this same area flows from land elevations of 720 feet to the northwest above 116th St. North and N. Memorial. The homes and property of those who live closest to the Ranch Creek tributaries on 106'h St. North receive water runoff from both directions, converging at the lowest elevation (636 ft) in this square mile. And, there is no comprehensive stormwater drainage plan for this area, not even a basin study nor study of water flows. If houses are built in the floodplain just below 106th St. N. and the land elevation is raised, how would this impact drainage above 106th St. North? Consequently, future developments to the northeast of 106th St. N., as projected on your Land Use Map, will increase the water flows and can raise the 100 -year floodplain. By this time, the developer has sold the lots and gone, the builder has sold his homes leaving more homeowners to become threatened with possible flooding. Future water flows must be studied to gain this knowledge. Hopefully, the City of Owasso as a whole will back No Adverse Impact and the public will not be shrugged off like the Planning Commission did in August 2002, by refusing to look at our flooding pictures —even when laid on the desk right in front of them. All committees and the City council should be made aware of existing flooding problems that have been identified by citizens anytime a new area is to be annexed. The Planning Commission can still vote to annex, and add the provision it is developed in accordance with a Planned Unit Development. Our residents showed proof of flooding problems in August and September 2001, before the development of Metro I1. Three of the five current council members saw our photographs in addition to 4 of the current 5 plarming commission members. A notebook of those photographs was delivered and signed for by the city planner, Donna Sorrells plus a letter with photos was given to Mr. Phil Lutz. In our opinion, there is no reason this problem was not addressed by the Planning Commission at their annexation hearings in August and September 2002. At a meeting on July 2, 2002 with Mr. Ray, Mayor Brogdon, Mr. Heim and Mr. Lutz, we were told a regional detention facility had been discussed with Tulsa County 10 years ago, for the mine pits area east of N. Mingo Road because of the water problems. Yet, Country Estates was allowed to be developed as well as Metro I & II. What did the developer's project engineer show on his hydrology study? What did Owasso's flood plain manager and engineering staff show for the downstream effects from these developments? Currently all the water northeast of Mingo & 116th St. N. as well as the new Metro I addition flow into ditches along Mingo Road and into a tributary across the private property at 11208 N. 97th E. Ave (Powderhorn Ranch). This 50 +\- acreage recently sold to a developer, what studies or criteria does Owasso currently have in place to control how this land is going to be developed that will cause no harm downstream, upstream or surrounding landowners? Stormwater from 116"' St. North flows behind Hillside Estates into this acreage as well as the drainage from the east side of N. 92"d E. Ave. Stormwater from 116th St. N. and Memorial flow on the west side of N. 92d E. Ave. This neighborhood isn't trying to stop new development; we want responsible development from the City of Owasso, Tulsa County and the developers. We are not in favor of high density housing on Tract A that Mr. Sokolsky sought at the Tulsa Metropolitan Zoning Commission. We just errant assurances that our homes and property are important and that proper handling of all water issues will be openly addressed with the surrounding landowners. Also, that the City of Owasso will hold its design criteria, sub - division regulations and floodplain management at the highest standards with all development, starting with the Annexation Committee, Planning Commission, City Council and all City government personnel. The 2010 Owasso Land Use Master Plan also acknowledges the need for sufficient infrastructure when addressing Issue 5: Lack of a drainage and stormwater plan. "Strive to implement a comprehensive drainage and stormwater plan for the fenceline geography of Owasso. Inventory and map all watersheds, identify regional detention areas that can also serve the dual use of park areas, especially in targeted areas of growth. Map and document all current problem areas. Revise current Engineering Design Criteria stormwater design standards. Adopt Federal Clean Water Act standards/best management practices as part of the subdivision regulations." Representative Balkman also discusses all the above items in his speech, as a necessity before allowing any development in a floodplain area. Issue 8 covers repairs and maintenance procedures of street signs in subdivisions using the GIS computer system. As explained by Jim Leach of the Corp of Engineers, this system can now be used for floodplain analysis to arrive at future water flows in a given area and the base information is supplied by the 4 to Fix bond issue which is being paid by all Tulsa County residents. By having a comprehensive stormwater plan, all firture developments can be guided to the proper placement of structural stormwater controls, whether above or below ground level. As developers build according to the stormwater design criteria, all homes and properties upstream and downstream will not be in danger of flooding nor inundated with water. The added cost to a developer for stormwater control will result in lower per acre price being paid for development. Please review the attached information and the CD tape of current flooding problems in the office of the Owasso City Planner. We will continue to take photographs of our area anytime it rains and update the CD when possible. Tulsa County has requested this information for mapping purposes on our watershed area. Thank You. Sue Piggott. and the Citizens for Responsible Rural Development 8500 E 116t' St. N. Owasso, Ok. 74055 371 -0143 or E- Mail �� ja:lasc-1k.-oz. Distribution of this letter: PLANNING COMMISSION Ray Haynes, Chairman Charles Willey Dewey Brown Bill Williams Dale Prevett TECHNICAL ADVISORY COMMISSION Dale Johnson, Superintendant of Schools Ray Jordan, Tulsa County Engineer Phil Lutz, Flood Plain Manager Kris DeMauro, Fire Marshall Robert Moore, City Planner Jim Greene, Police Chief Rodney Ray, City Manager ANNEXATION COMMITTEE Charles Warren Robert Moore (also TAC) Eric Wiles, Economic Development Gary Cochran (City Council) Bob Allen, Fire Chief Jiro Greene (also TAC) Robert Carr_ Public Works Director Rebecca Armstrong (City Council) Tim Rooney, Assistant City Manager Rodney Ray, (also TAC) Mike Ames Ray Haynes (also Planning Comm) Charles Willey (also Planning Comm) CITY CLERK, Marsha Boutwell Intro-1 Politician and a Lawyer When I think of floods. . . Growing up in So. Cal - lack of rain, flood control, LA River a classic example of past floodplain management policies- A song I used to sing as a kid at Church .. . "The Wise Man and the Foolish Man" The wise man built his house upon the rock, The wise man built his house upon the rock, The wise man built his house upon the rock, And the rains came tumbling down. The rains came down and the floods came up, The rains came down and the floods came up, The rains came down and the floods came up, And the house on the rock stood still. The foolish man built his house upon the sand, The foolish man built his house upon the sand, The foolish man built his house upon the sand, And the rains came tumbling down. The rains came down and the floods came up.. The rains came down and the floods came up, The rains came down and the floods Game up; And the house on the sand washed away. I believe that this song's simple message says it all. In addition to the symbolic meaning pertaining to Jesus, the Rock: this song has an application useful to us here today. Wise man builds his house on the rock (out of the floodplain) Foolish man builds his house upon the sand (in the floodplain) When the rains come, and we know they will, whatever is in the sand gets washed away). So what can we do about it? Let's stop being foolish and get out of the sand. First, allow me to define the problem. Flood damages in the United States continue to escalate- Frorn the early 1900's to the year 2000, flood damages in the United States have increased six fold, approaching $6 billion annually. This occurred despite 75 years of federal flood control, 30 years of the National Flood Insurance Program, and billions of dollars for structural flood control, I and other structural and non-structural measures. We continue to intensify development within floodplains, and do it in a manner where flood prone or marginally protected structures are suddenly prone to damages because of the actions of others in the floodplain. Your tax dollars pay for the recovery from this damage- Though floods are the single most predictable natural hazard, the cost of flood damages per capita has doubled over the past century. The general trend is for flood losses to increase every decade. Most current management approaches for reducing flood losses allow for construction to occur without considering the adverse impacts on other properties within the watershed or on future flooding potential. This has contributed to steadily rising flood losses and is increasing the potential for future flood damage. Page -I - I This trend is unnecessary. it is primarily due to federal policies that have encouraged at-risk development. =within the floodplain, and , justified flood control projects that intensify land usew' encouraged state and local govemrnents to rely on federal resources for both flood control and disaster recovery. While current flood control and NFIP practices have made progress in reducing flood damages, the damages continue to rise. Recent focus on mitigation and enhanced funding for mitigation is helping to alleviate some of the more obvious problems with existing structures being flooded, but the nation has vet to come to qC �vyith how to step creatin feature flood roblerns caused b y new deveLo�ent. The nation's extensive current efforts at flood control and modern floodplain regulation were intended to control flood losses, but flood losses continue to rise. Like the LA River that I grew up next to. Current floodplain management standards allow for: floodwater to be diverted onto oll-ters; channel and overbank conveyance areas to be reduced; essential valley storage to be filled; or velocities changed with little or no regard as to how these changes impact others in the floodplain and watershed. The net result is that through our actions we are intensifying damage potentials in the our floodplains- This current course is one that is not equitable to those whose property is impacted, and is a course that may not be economically sustainable. Over the past 50 years a system has been established that in many locations has substituted local and individual accountability %fith the programs of flood control and disaster assistance of the federal government. While funding for the Corps of Engineers, NR CS and other agencies of the federal government will fluctuate, the pattern of the federal government responding to disasters has become firmly entrenched and will not likely change in the foreseeable future. However, what has changed is how disaster relief impacts other domestic programs. Ten years ago, when Congress was faced with a large disaster, they would fund the disaster with deficit spen g. Today, each time Congress passes a bill to provide disaster supplemental funding for disasters, offsetting cuts in domestic programs must be made. Despite investment theories regarding benefits and costs, our problem has become one of cash flow. Each needless incremental increase in flood damage represents a lost opportunity for support of essential domestic programs of the United States. Considering the recent attack on the United States and the pending programs of relief, domestic security and military buildup, the cash flow problem is only going to get worse. At its broadest policy level, no adverse impact floodplain management is about local government taking steps to reduce the drain on national resources, as well as local and state resources. These resources can then be applied to domestic programs enhancing the economy, environs -rient, education and defense. In essence, current policy is only sustainable at the expense of other important programs. More directly for local governments, no adverse impact floodplain management represents a way to prevent worse flooding in your community --- right now! While some state and local governments may have abdicated their responsibility, most local governments have simply assumed that the federal standards are an acceptable standard of care, perhaps not realizing these very standards could induce additional flooding and damage within their cornmunity. Page -2- Instead, no adverse impact offers cornmunities an opportunity to Promote responsible lioodplain development through community-based decision making. Communities will be able to determine better use of federal and state programs to enhance their proactive initiatives and utilize those programs to their advantage as a community. The no adverse floodplain management initiative empowers the local community, (and its citizens) to build stakeholders at the local level. No adverse impact floodplain management is a step towards individual accountability by not increasing flood damages to other properties. No adverse impact floodplain managemerit is about local communities being proactive in understanding potential impacts and implementing prograrns of mitigation before the impacts occur. One of the "Ten Commandments of Modern Politics" is: "Ail Politics is Local" Tip O'Neil, f -, was famous for saying, "All politics is fors Democratic Speaker of the House from Mass local". This quote describes the notion that campaigns are decided at the lowest, grassroots level - in your communities and neighborhoods. Last fall, the OF MA passed a Resolution in support of No Adverse Impact (show resolution) No Adverse Impact Floodplain Management Defined "No Adverse impact Floodplain Manager enr is a managing principle that is easy to communicate and from a policy perspective tough to challenge. In essence, no adverse impact floodplain management is where the action of one property owner does not adversely impact the rights of other property ownersa as n7easured ky increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No impact floodplains would become the default management criteria, unless a Community has developed and adopted a comprehensive river plan that identifies acceptable levels of impact, appropriate measures to mitigate those adverse impacts and a plan for implementation. No Adverse Impact could be extended to entire watersheds as a means to promote the use of retention and detention technologies to mitigate increased runoff from urban areas. While the No Adverse Impact approach will result in reduced dar7jages for the I% chance flood event, its true strength is that it virtually ensures that future development actions which impact the floodplain must be part of a 122aily adopted plan- This removes the mentality that floodplain management standards are something imposed by FE A, and promotes local accountability for developing and implementing a comprehensive strategy and plan for the floodplain. Giving locals the flexibility to adopt comprehensive local management plans, which would be recognized by FEMA and other federal programs as the acceptable standard in that community, will provide those communities with control and support for innovative approaches. Again, remernber Tip O'Neil's quote All Politics is local. Effective Floodplain management is local. I believe that effective floodplain management is much like politics, the most Successful management is done at the local level. No Adverse Impact is an approach that makes sense and is the right thing to do. Too often our discussions on development approaches turn into argumeitts over the range of application and the impact these approaches might have on those who are choosing to encroach into the floodplain. it is time to change and begin managing from the perspective of not inducing additional flood impacts on other properties, giving local communities the ability to manage flood losses through comprehensive local plans. No Adverse Impact. A Do No Harm Policy Page -3- The No Adverse Impact approach strives to ensure that the actions of one property owner do not increase the flood risk of other property owners. This approach will especially benefit those property owners that are not currently in regulated flood areas, but who would be in the future. In law school, law, students learn that a basic principle of real property rights law is do no harm to your neighbor. The No Adverse impact implements this legal principle. This new approach would require those who alter flooding conditions to mitigate the impact of their actions on property owners and adjacent communities. The No Adverse Impact approach focuses on planning for and lessening flood impacts resulting from land use changes. It is essentially a "do no harm" policy that will significantly decrease the creation of new flood damages. A citizen would never allow a neighbor to use her yard as a dumping ground for garbage. No Adverse Impact suggests that we hold our neighbors to the same standard when flooding is concerned. In essence, No Adverse Irnpact means that your neighbor should build in such a way that does not increase the risk of flooding to your property or others. Examples of this "wise use" or the "most beneficial use" would be using the floodplain as dedicated open space for flood storage and low impact uses such as recreation. The No Adverse Impact approach promotes fairness, responsibility, community involvernent, pre-flood planning, sustainable development, and local land use management. It gives local governments the responsibility to manage floodplain risks. Individual communities will determine the specific details appropriate for land use in that community. It also supports private property rights because property owners will have input on management strategies that impact their property. NAI protects the property rights of those that would be adversely impacted by the actions of others. This approach must become the default management criterion throughout Oklahoma and the United States. When local comprehensive watershed management plans incorporate the Al N approach, impacts will be allowed only to the extent that they are offset by mitia a tion, When no ., local plan exists, all federal and state actions in the floodplain would strive to achieve no adverse changes in hydrology, stream depths, velocities, and sediment transport functions. Having these local comprehensive watershed management plans on file with state agencies Would qualify, individual community for certain types of funding to implement mitigation techniques. Many communities are taking action now! There are many examples of communities around the country that are striving for a No Adverse impact approach. These communities have recognized that development activity anywhere in the watershed can adversely impact properties elsewhere in the watershed, not just in the floodplain- For example, DuPage County, Illinois chose to strengthen comprehensive regulations in their approach to managing flood problems. The Comprehensive Stormwater t0anagement Objectives for DuPage County, Illinois include: Reduce the existing potential for stormwater damage to public health, safety, life and property. Control future increases in stormwater damage within DuPage County and in areas of adjacent counties affected by DuPage drainage. Protect and enhance the quality, quantity, and availability of surface and groundwater resources. Preserve and enhance existing aquatic and riparian environi-rients and encourage restoration of degraded areas. Page -4- Control sediment and erosion in and from drainageways, development, and construction sites. Promote equitable, acceptable, and legal measures for stormwater management No Adverse Impact promotes preserving, not controlling, the natural floodplain, Why keep a Natural Floodplain? Here are some reasons why: Flood water storage Enhanced stormwater management Reduced flood damages Improved water quality Recreational opportunities Preservation of wildlife and natural habitats Enhanced erosion control Increased property values Conclusion This central message--- that we are inducing flood damages.— has not been conimunicated effectively, in part due to the floodplain management community as a whole spending too much time debating issues of individual standards while not stepping back and evaluating the broad impact of these approaches. Current management systems within the floodplain are costly and often allow development that fails to evaluate or mitigate adverse impacts on other properties, both now and in the future. No Adverse Impact is an approach that will lead to reduced flood losses throughout the nation while prolnotiig and rewarding strong managornent and mitigation aratk-nis—q-t the local level. Let me conclude this part of my speech with a quote, from Shakespeare's "All's Well that Ends *Well" "Great floods have flown from simple sources" We know floods will come, we know the damage they cause, so I encourage you to take pro- active steps like No Adverse Impact Doing so will make you like the wise man whose house stood still when the rains came. And now, for a brief Legislative Update House Bill 1969 - In 1999, Legislature passed HB1841 which created a state hazard mitigation fund and account not dependant on a presidential declaration that could provide monies for individual assistance projects as well as match mone, ,,, for FEMA's mitigation grant prograrTI5. The fund has a balance of zero WHAT DOES HB1969 DO? Establishes a mechanism to buy out and remove repetitively damaged structures from the floodplain, thereby interrupting the costly cycle of rebuilding and/or repair. Page -5- —DE-FINEPROBL EM Quick Statistics There are 644 flood insured structures that have received flood damage et least twice inthe last ten (10) years, If these properties were removed, $332.00,OOhl flood insurance dollars Could besaved. Less than 2%of the properties iDthe floVdohaim are insured. One Structure in Ottawa County valued at$3D.00D.Q0 has flooded 5times, Owner has collected over $100.000.00 in flood insurance claims for this one structure. Costs of not having this account funded affect everyone. Local and state 80vernmOentare burdened with costs for emergency response and recovery; the community suffers losses \n lives, personal property and wages; employers sacrifice production and revenues due tn employee absences; local tax bases decline, MONETARY SAVINGS Costs |fit floods, local community still has the responsibility for providing evacuation services, emergency services, special care needs, temporary shelters, food services, animal care and other individual assistance services — tl7esf_. sea-,ices all cost money- Benefits Because this legislation would result in fewer rescue events and other, direct flood response activities, itwould also serve bo protect both prospective flood victims and emergency personnel who put their lives in jeopardy when responding to flood problems, If these properties were removed, $332,000.00 in flood insurance dollars could be saved. This can signifimant\yreduce future losses nf life, pnnperY and tax dollars, Encourages communities to develop comprehensive hazard mitigation plans by requiring such plans to establish eligibility for the grant program. Allows and assists local governments to purchase flood prone properties and forever remove them from harm's way. Keep property owners from building in the Encourage purchase of flood insurance Mitigation Reduce the costs of disaster response and recovery operations to localities Encourage localities to develop and publish a comprehensive hazard mitigation plan The best example uf mitigating aflood Susceptible home iyhomove it, acquire it, move it to higher ground mr demolish it and then keep the property open. Removal Vf this structure once and for all where no 'tax dollars or other funds are used to repair itemit can be damaged again. Break the cycle of flood damage, repair - flood damage, repair, etc. Acquisition and relocation offlomdpnmne buildings is a very effective tool for reducing flood losses. in just three years, the cost of relocating buildings out of the floodplain was saved in damages avoided House Bill 2228 - this bill, which has already passed the House, pertains primarily to annual training, but also changes the purpose of the Oklahoma Floodplain Management Act, to include physical and emotional impact of flooding on individuals and communities, increased costs of disaster relief and restoration of natural resources and functions of floodplains. The bill's primary function is to encourage counties and municipalities that choose to participate in the program to attend floodplain development management classes. OFMA Resolution in support, of Mandatory Training for Floodplain Managers "Annual training is an absolute necessity if community officials are going to reduce property from floods and loss of life and protect the natural & beneficial uses of the floodplain." SB 972 - This bill sets up a process to address impaired scenic river watersheds. The bill stators that all "scenic river areas" shall be returned to their original pristine condition. The DEQ, Dept. of Agriculture, and the Oklahoma Conservation Commission are charged with producing an annual report identifying all agency actions taken to reduce Pollutant levels in scenic river watershed and to outline future reductions in pollution. SB 1352 - This bill expands the authority of the Department of Environmental Quality to establish statewide land protection standards for the release of non-hazardous materials, products or wastes into the environment. HB 2349 - Prohibits new poultry operations from construction in a hundred-year floodplain or within buffer zones for surface public water supplies, scenic rivers, , public drinking water wells, and outstanding resource waters. The bill also limits the location of poultry waste within buffer zones for scenic rivers, public wells and nutrient-limited water bodies. Page -7- TYPED LETTER FROM: ALBERTA HILLARD 9009 E. 100 St. North Owasso, Okla. 08 -21 -01 To whom it may concern I am writing this letter in reference to the flooding of my properly at 9009 E. 106 St. No., Owasso. We built our house in Jan. 1969 — at that time we had some water, as we are on Ranch Creek. They started building at German Comer in 1977, Super H Grocery & Walmart stores, of course all of it is paved with concrete, leaving no way for the water to seep in the ground, throwing more water on us, also water was washing out the road in front of our house so the county put a round culvert in one side of the Bridge to help the situation. The water gets deeper each year, it hasn't got into our house yet, but if they keep bldg houses & don't build enough detention ponds to hold the water, we are in trouble. I'm not against progress, I would like to be considered on flooding my house. We are 80 & 83 yrs old. We need no more problems, I have presented pictures of my front yard taken in May, 1986 to prove how hi the water gets, therefore proving the runoff from the north is or causing the flooding. This property wasn't in the Flood Zone when we purchased it, therefore it is proven the runoff from the north has caused it to be put in the flood zone when you were joined with N.F.I.P. in 1982 — also again in Sept. 22, 1999. Sure — appreciate if you would consider stopping this overflow. Thanks, Alberta Hillard 9009 E. 1000 St. No. Owasso, Ok. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COM114UNITY DEVELOPMENT DIRECTOR SUBJECT: REPORT FROM MEETING WITH CITIZENS FOR RESPONSIBLE RURAL DEVELOPMENT DATE: October 8, 2002 BACKGROUND: On Tuesday, October 8h representatives from the City of Owasso met with representatives from the group of Citizens for Responsible Rural Development. The meeting centered on drainage conditions in the Ranch Creek basin generally from the intersection of Memorial and I I & Street to the intersection of Nfingo and 106'x' Street. HISTORY: At the meeting, the citizen representatives displayed maps and photographs showing the drainage conditions of several low -lying homes in the area. The citizens recounted how past developments near their properties in Tulsa County had increased the amount of drainage onto their land. In some instances, ponds had been filled in to make way for the new housing developments. In other instances, levees had been cut to increase the flow of water off the new developments. 4 TO FIX THE COUNTY: One issue discussed at the meeting was the current 4 To Rix The County program. This program is an effort to develop a drainage study for all basins within Tulsa County located outside municipal limits. The Corps of Engineers has been contracted to prepare the study and the study's development is in its second year (out of three years). The citizen representatives reported that one product of the 4 To Eix Tie Comity program is recently produced aerial photography that the City can obtain and use. Also, new floodplain information will be published by the Corps of Engineers showing updated floodplain boundaries. A geographic information systems (GIS) database is being built in conjunction with the new floodplain information that the Corps of Engineers hopes to use to track conditions within the county drainage basins. The staff informed the citizen representatives that the City is attempting to coordinate with the county and other municipalities in an effort to ensure that the drainage study is comprehensive in scope and does not include "gaps of study" where municipal drainage basins are not studied while adjacent county drainage basins are studied The City intends to work with the Corps of Engineers during the next budget year to include the municipal drainage basins in their studs . The citizens also stressed the need for the City of Owasso to develop a drainage and storm water plan. The staff noted that the Citv should enter into a joint effort with Tulsa County to take the data gathered from the 4 To Fix The County Study and then inventory and map all watersheds in the area. Such an effort would allow the staff to identify all current problem areas and develop strategies to improve the problem areas. NO ADVERSE IMPACT: During the meeting, the staff discussed the concept of No Adverse Impact with the citizen representatives. No Adverse Impact pertains to developments that occur in the floodplain. It is a strategy being promoted by FEMA, the Corps of Engineers, and the Oklahoma Floodplain Managers Association as the proper approach to floodplain management. The concept of No Adverse Impact is that floodplain developments should not adversely impact other property by increasing flood depths or velocities. The City will examine existing floodplain development regulations to determine whether changes might be advisable that could better protect existing properties within the floodplain. POTENTIAL AREA DEVELOPMENTS: The staff also talked with the citizen representatives about drainage issues that could arise from fixture subdivisions in the area. The City should require that any new development should not cause water to back up onto adjacent properties upstream. Further, the City should require that the rate of drainage runoff from any new development should be no greater after development than before development. RECOMMENDATION: The staff recommends that the Council consider the topics raised at the meeting and adopt a statement of policy that affirms the city's desire to control drainage in a responsible manner and that directs the staff to focus on issues of drainage for all new developments. ATTACHM ENT: Statement of policy OWASSO CITY COUNCIL POLICY STATEMENT RELATING TO DRAINAGE OF WATER THROUGH THE BASINS IN AND AROUND THE CITY October 15, 2002 In its desire to pursue the highest quality of life for citizens of the Owasso community, the City Council recognizes the importance of promoting developments of high caliber as Owasso continues to grow. Further, the City Council has heard the input of area residents and concurs with the residents that the City of Owasso should closely examine the conditions of the community that are affected by new developments. One of the affected community conditions that is of prime emphasis is the drainage of water through the basins in and around the city. Therefore, the City Council declares the following statement of policy and directs the municipal staff to endeavor to implement the policy as a priority in the administration of the staFs duties: 1. New development should not have a water - drainage impact on other property. II. The staff is directed to provide detailed review of all submitted drainage plans for any development. III. The staff is directed to initiate the development of a master drainage plan subsequent to the receipt of data from the current study being accomplished by the Corps of Engineers and funded by Tulsa County. ADOPTED by the Owasso City Council this 15`k day of October, 2002. Michael Hehn, Vice Mayor Susan Kimball, Councilor Randall C. Brogdon, Mayor Rebecca Armstrong, Councilor Gary Cochran, Councilor August 13, 2012 To the Owasso City Council: In considering the annexation of the property just south of Hillside Estates, please consider the following information. That land is in a flood zone. To prepare that land so it would not be in a flood zone, you would be putting Hillside Estates in jeopardy. Hillside Estates was built in 1978. In all of those years, none of the houses on the south side of that neighborhood has EVER flooded. During that 34 years, there have been some serious floods in our county, BUT NOT on the south side of Hillside Estates. When the city of Owasso annexed Hillside Estates, they built a mote around the neighborhood to prevent high water from reaching the houses on the west side. My neighbour has proof that developing that land would put our houses at risk with a video of a huge rain we had this year. If this property IS developed, knowing this, not only will the developer be legally responsible for any damages that occur due to flooding, but the City of Owasso would be legally responsible, AND each one of the Council Members that voted to do this in spite of the knowledge that it would put our houses at risk would be legally responsible. There are federal laws that address moving landscape that will flood another area. Please look after the interests of the people you are supposed to represent, and not the interests of a few people who only see the dollar signs. A developer might look at paying for our homes as part of the cost of doing business, but I seriously doubt that the City of Owasso has so much disposable income to do that. And, do you seriously want to play Russian Roulette with your OWN finances? Respectfully, R.L. and Sandy Brown 11236 N. 94th E. Ave. Hillside Estates Owasso, OK 74055 Jarrett and Kathleen Short 14127 E. 88th St. N. Owasso, OK 74055 June 30, 2012 To Whom It May Concern: I am writing to ask your support and vote to revise Owasso Zoning Code section 240.2 . This code requires a 10ft setback from all property lines for structures such as pools and patios. We recently tried to apply for a variance to this zoning code to put a pool in our small backyard. We were denied the variance by the board of adjustment. They suggested that we try to get the outdated ordinance changed. No one on the board could determine a valid reason for such a large setback when surrounding communities setbacks are 5ft, and our house is actually sitting on 5 of the 10ft setback. We have looked up surrounding community zoning codes, and the standard is 5ft. Just a few of the surrounding communities with 5ft setbacks are Jenks, Collinsville, Bixby, Broken Arrow, and Tulsa. According to our pool builder the national standard for setbacks is 5ft as well. The board directed us to be in contact with the city to review this zoning code. We have since talked to several city officials, the city planner and the assistant city manager. These individuals were very kind, and the city planner actually offered to take this to the city council for consideration of revision. With Owasso's smaller lot sizes, the 10ft setbacks, as well as, the utility easements it makes it almost impossible to add a structure such as a pool or outdoor living area to backyards. Changing the setbacks to five feet would make backyard improvements possible along with keeping our community competitive with surrounding areas. We have been residences of the City of Owasso for the past 11 years. We have seen this city grow and develop into a city that competes for residences from other popular areas such as Bixby and Jenks. We think the revision of this zoning code will allow residences with a medium socioeconomic status to be able to improve their properties. Thank you for your thoughtful consideration. Sincerely, Jarrett and Kathleen Short