Loading...
HomeMy WebLinkAbout2010.11.09_Worksession AgendaTYPE OF MEETING: DATE: TIME: PLACE: PUBLIC NOTICE OF THE MEETING OF THE OWA,SSO CITY COUNCIL Special November 9, 2010 6:00 P.M. Old Central Building 109 N. Birch AGENDA FILE Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Friday, November 05, 2010, Sherry Bishop, 1. Call to Order Mayor Bonebrake 2. Presentation by the Indian Nations Council of Governments (INCOG) on the Regional Transit System Plan. James Wagner 3. Discussion relating to Operational Items Mr. Lehr Attachment # 3 A. Proposed Resolution - Intent to Apply for Enhancement Grants B. Final Plat- Maple Glenn Phase II 4. Discussion relating to City Manager Items Mr. Ray Attachment # 4 A. Proposed Amendments to Board of Adjustment Process - Special Use Permits B. Vacancies on Sales Tax Watchdog Committee C. City Manager Report 1. Sales Tax Report 5. Report from City Councilors 6. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the City Manager, such executive session provided for in O.S. 25, Section 307(6)(1). Mayor Bonebrake Attachment # 6 The City Council will meet in executive session to discuss the City Manager's contract. Adjournment The City with Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Resolution for Committing City Funds and Resources towards a Transportation Enhancement Program Project DATE: November 5, 2010 rIS: ro , The Transportation Enhancement Program was created in 1991 by Congress under the Intermodal Surface Transportation Efficiency Act (ISTEA). Growing concerns about air quality, open space, and traffic congestion led Congress to create several programs through legislation in the 1991 ISTEA Bill. The Transportation Enhancement Program has been carried through with subsequent Federal transportation bills and continues today. The purpose of the program is to provide a funding source to states for projects that focus on improving the quality of life for communities outside the realm of typical highway and road improvement projects. As a requirement, all projects must be related to the Intermodal Transportation System. The required relationship must be one of function, proximity, or impact. The most common types of projects that are typically funded under this program are multi -use trails, adding bicycle lanes within an existing road corridor, making an intersection safer for pedestrians, or developing a streetscape that incorporates bicycle and pedestrian amenities. In an effort to build on the Quality of Life initiative, two Transportation Enhancement pre - applications were recently submitted to the Oklahoma Department of Transportation (ODOT). The pre - application process allows the review panel to select projects that meet the intent of the Enhancement program and to identify any potential constraints or issues. Projects that are approved at the pre - application level become eligible projects and the final applications must be submitted no later than January 3, 2011. In June of 2011, project sponsors will be notified if they have been awarded the funding. The program provides 80% funding with a 20% local match. In the event that either of the submitted projects is selected to receive funding, matching funds would be appropriated in the Fiscal Year 2011 -2012 Budget, pending City Council acceptance of the Transportation Enhancement funds. The following two Transportation Enhancement projects were submitted to ODOT for the pre - application phase of the process. Ranch Creek Trail The Ranch Creek Trail consists of a 10' wide off - street, multi -use trail beginning at 76th St North and terminating at McCarty Park, with a small section being a wide shoulder facility connecting to the funded Mohawk- Owasso Trail and Bikeway at Mingo Road. The trail will follow Ranch Creek along the west bank, around the west and north side of a large pond, then, utilizing an existing 8' diameter cattle tunnel, will go underneath the railroad tracks into McCarty Park. Most of the Trail would be located in a wooded setting adjacent to a flowing creek, where there is abundant wildlife and native hardwood trees. Because the trail will be built in a wooded setting containing water features, it is also envisioned that the trail could double as an environmental feature. If funding permits, the project will also include a 5' wide shoulder along 76th Street North connecting into Downtown Owasso. The project, if funded, serves to bring a trail segment from the Tulsa Regional Trails Master Plan further into Owasso. Additionally, the proposed trail links together an existing Regional Park with Downtown Owasso and points to the south, and will provide a trailhead with a restroom facility. 76th Street and Main Street Intersection Improvements This project implements another phase of the Owasso Main Street Improvements. The project will improve pedestrian safety with brick paver crosswalks, provide a downtown community marker and gateway feature, incorporate decorative benches, and include planters with plant material. A major goal of this project would be for it to act as a catalyst for downtown redevelopment and economic activity. RESOLUTION REQUIRED: As part of the application process, all project sponsors who are government entities are required to provide a resolution of intent committing to the project if awarded the funds. RECOMMENDATION: Staff intends to recommend City Council approval of a Proposed Resolution, endorsing the submission of a Transportation Enhancement Grant application to the State of Oklahoma Department of Transportation for the Ranch Creek Trail. Staff further intends to recommend City Council approval of a Proposed Resolution, endorsing the submission of a Transportation Enhancement Grant application to the State of Oklahoma Department of Transportation for enhancements to the intersection of Main Street and 76th Street North within the Main Street Business District. ATTACHMENTS: A. Larkin Bailey Easement Letter B. Ranch Creek Trail Conceptual Design C. 761h Street and Main Street Intersection Improvements D. Proposed Resolution— Ranch Creek Trail E. Proposed Resolution — 76th and Main Street Intersection Improvements LARKIN BAILEY FOUNDATION September 22, 2010 To Whom It May Concern The Trustees of the Larkin Bailcy Foundation have reviewed the attached MULITUSE TRAIL AND PARK ADDITION linking McCarty Park to Mohawk Owasso Trail dated September 15, 2010. They have agreed That the Larkin Bailey Foundation would give a permanent irrevocable easement its shown on the attached drawing to the City of Owasso or transfer said property by Special Warrant Decd. The legal description of the 212 Acres would be furnished by the City of Owasso to the Larkin Bailey Foundation. palsy R ravens. Trustee 612 South Denver • Tulsa, Oklahoma 74119.1097 N sgf S n . E 76th _ e:, e and }+ 1T A RESOLUTION OF THE CITY OF OWASSO, OKLAHOMA ENDORSING THE SUBMISSION OF A TRANSPORTATION ENHANCEMENT GRANT APPLICATION TO THE STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR THE RANCH CREEK TRAIL OF THE CITY OF OWASSO, OKLAHOMA. WHEREAS, the City of Owasso embraces the principle of the Transportation Enhancement Program; and, WHEREAS, the City of Owasso desires to implement a portion of the Metro Trails Plan for the Tulsa Transportation Management Area and connect to the funded Mohawk- Owasso Trail and Bikeway; and, WHEREAS, the City of Owasso desires to provide a facility that offers an alternative transportation mode; and, WHEREAS, the City of Owasso desires to provide a multi -use trail that will function as a trailhead with an existing parking lot and restroom; and, WHEREAS, the City of Owasso desires to provide a facility that allows its citizens to access a scenic location with opportunities for environmental education and wildlife viewing; and, WHEREAS, the Larkin Bailey Foundation has agreed to provide an easement for the trail; and, WHEREAS, the City of Owasso desires to obtain assistance in addressing transportation infrastructure needs through the Oklahoma Department of Transportation Enhancement Program; and, WHEREAS, the City of Owasso submitted a 2011 Transportation Enhancement preliminary grant application to the Oklahoma Department of Transportation on September 29, 2010 for the Ranch Creek Trail; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA that a grant application requesting $475,349.60 in state enhancement funding with a corresponding match of $118,837.40 to be provided by the City of Owasso be submitted to the Oklahoma Department of Transportation Enhancement Program for funding assistance associated with the Ranch Creek Trail, PASSED AND APPROVED this day of , 20_ by the City Council of the City of Owasso, Oklahoma. Doug Bonebroke, Mayor Sherry Bishop, City Clerk City of Owasso Proposed Resolution - Ranch Creek Trail Enhancement Grant Application Page 2 APPROVED AS TO FORM: Julie Lombardi, City Attorney i III t a.. 0.... .+. ILL a9ma A RESOLUTION OF THE CITY OF OWASSO, OKLAHOMA ENDORSING THE SUBMISSION OF A TRANSPORTATION ENHANCEMENT GRANT APPLICATION TO THE STATE OF OKAHOMA DEPARTMENT OF TRANSPORTATION FOR ENHANCEMENTS TO THE INTERSECTION OF MAIN STREET AND 76TH STREET NORTH WITHIN THE MAIN STREET BUSINESS DISTRICT OF THE CITY OF OWASSO, OKLAHOMA. WHEREAS, the City of Owasso embraces the principle of the Transportation Enhancement Program; and, WHEREAS, the City of Owasso desires to improve and enhance Owasso's Main Street area by designing and installing improvements that create a safe and attractive environment for pedestrians and motorists; and, WHEREAS, the City of Owasso desires to expand on improvements made to Main Street that used a allocated portion of the Tulsa County Vision 2025 funding ; and, WHEREAS, the City of Owasso desires to continue with implementing the adopted Downtown Master Plan that outlines sidewalk, lighting, building fagade treatments, landscaping and roadway intersection improvements; and, WHEREAS, the City of Owasso desires to obtain assistance in addressing transportation infrastructure needs through the Oklahoma Department of Transportation Enhancement Program. WHEREAS, the City of Owasso submitted a 2011 Transportation Enhancement preliminary grant application to the Oklahoma Department of Transportation on September 24, 2010 for the 761h Street and Main Street Intersection Improvement Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA that a grant application requesting $480,000 in state enhancement funding with a corresponding match of $200,000 to be provided by the City of Owasso be submitted to the Oklahoma Department of Transportation Enhancement Program for funding assistance associated with the E. 76th Street and Main Street Intersection Improvement Project. PASSED AND APPROVED this _ day of _, 20_ by the City Council of the City of Owasso, Oklahoma. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney The Ciiy Wit lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larissa Darnaby - Pruner City Planner SUBJECT: Final Plot- -Maple Glen II DATE: November 5, 2010 In November of 2004 the City of Owasso reviewed and approved a Planned Unit Development (PUD) for the Maple Glen, which includes the subject property (known as Maple Glenn II). The PUD outlines the subject property as single family residential development. The conditions of the initial approval set by the City Council are listed below: 1. That the applicant's development text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code; 2. That unless specifically set out in the standards and conditions of this PUD, all single - family lots shall meet the requirements of a typical RS -3 district; 3. That prior to the issuance of building permits, the applicant is subject to the platting requirements of the City of Owasso and all subsequent conditions imposed by the Owasso Technical Advisory Committee; 4. That no building permits be issued within any portion of the PUD until the developer meets all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations; 5. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary; 6. That a detailed drainage report certified by a registered engineer be submitted at the time of platting; 7. Sidewalks will be required along all public roadways abutting or within the property; 8. That all entrance landscape and /or monuments are reviewed and approved by the Planning Commission; 9. The Planning Commission reserves the right to prescribe additional buffering, screening and setbacks during the platting process; 10. Show side yard setback plan on the subdivision plat. The developers of the subject property have acknowledged and complied with the conditions for approval set by the City Council in 2004, and in February of 2010 the Maple Glen II Preliminary Plat was approved by the Owasso Planning Commission. SURROUNDING ZONING: North: City of Owasso Commercial Shopping East: City of Owasso Agricultural South: City of Owasso Office Medium West: City of Owasso Agricultural PROPERTY CHARACTERISTICS: The subject property is 18.50 acres in size. The property is served by Rural Water District No. 3 of Washington County and City of Owasso sanitary sewer, police, fire, and EMS service. DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The current owner /developer of the subject property plans to develop the area with ninety -three (93) residential lots in five (5) blocks, on 18.50 acres of land. The proposed development is allowed by right within the RS -3 OPUD 04 -04 Zoning Designation. Five reserve areas have been included in the platted area and will be reviewed as to their adequateness in providing detention for the property. Before any building permits may be issued, all details related to water and wastewater improvements must be reviewed and approved by the Owasso Public Works Department. The proposal for single family homes on the Maple Glen II final plat is consistent with the Owasso Land Use Master Plan and is compatible with the most recent zoning decisions rendered by the Owasso City Council and Planning Commission for the area. Unless otherwise addressed within the PUD, the project is subject to all of the requirements set forth in the Owasso Zoning Code and Subdivision Regulations, including the calculation of livability space, which is the area of a lot less the areas dedicated for utility easements and /or building setbacks. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including, but not limited to, paved streets and sidewalks. The proposed development will require no significant expansion of utilities or infrastructure. Residential sewer service will be provided by the City of Owasso, while water service will be provided by the Rural Water District #3 of Washington County. The proposed development is subject to the $35 per acre Storm Siren Fee. OWASSO PLANNING COMMISSION: The Owasso Planning Commission will hear this item at their regularly scheduled meeting on Monday, November 8, 2010. RECOMMENDATION: Staff intends to recommend City Council approval of the Maple Glen II final plat. ATTACHMENTS: A. Location Map B. Final Plat of Maple Glen 11 ,MEADOWCPEST MAPLE GLENN 11 CITY OF OWASSO 2/4110 Legend 111 N. Main Street P.O. Box 180 0 Owasso, OK 74055 North -F H 7� l� F11 1 "Fofn zcli: VE ` TIO'S' M TS iia 918.376.1500 D ow F FINAL P PLAT .a...,... �M „ .., M MAPLE G GLEN H H P A ev',' a:''° %° P PUD 0 0404 AN nooxrory is THE Cm of ownsso, •i°i Yirvvi af°a`.f ,vPu'�v > >vLN IP 21 K KH,Rn a.ri'n'd ��'- Fa'-v °d l'v°1a r w wy .nu^v01uirera":AnM rZb`tr"••" I� //I� Nr PoIINR AY /i i av °e'w"•n w PIlf.a�u l�<i -Y12 -14-1 1 MuvFfrIIVMi wr��,v'f�°ia ° "[ 'K.01 E �{i' �r•rrw i,$e %n °$•` uSe'°. �awA'i.• 0.wr ms�`•,+i (�.I £ yn' mi�mi�M ° °wn °m ums+i'°fuen°arw w y;�— <MMI[.< tltld2 'iA t SS,n92 •r°"R°r.°!in >wan"�$L:'..: °s °m°S�n'!c %mrw:wi 3x31 anul RCS Y16�5&.'X"�Y�"�J�sd.L»wC°.R5�r Rf �I 3 w•iugwu�ayrrym�rwram.' gy 1 .. aa/u '. +m•ncix.., n+.w�. aDu. I M It00W W A® HEY KYMrtIY Ufyr OYN,YMOW.Ma^� @ii Nromax u 4 i C�O�ft+ - � .in d i; Y "( Y wul 1 SPA– 1 ,9w j i. t .0 '• J !8{N• 4PA &/ Iremtu 1 I atL u. I vu. t -r ------------ �..Ki { I Lo I it I w�¢ 1 uau 1 1 ,w}u.l _ I rrvu 1� 1 ulu 1 I ,r�u.l mr OANER/08V8LOPER: SURVEYOR: Ott LLG CFwmwKSUR' /£'NG, A4'C P.O. m lie P.0. B 1098 Ovana Okl.4 . 14008 o.. Okl , 11.0 (018) RV -SUP (918) Y/4AW! CxWmb It Avtl,wiieWO No. EE80 Re —f Wlc tun, 20, Olt z i v Y P tAC � HL P LpCAT10N kAT ENGINEER RALOGG WCINURNG, INC. 0'168 S.0 ON Rw8 9.Lr +. axl.Aamn 71000 Olt) ETi.-4W0 . a .: I., BO. ppILNO. 2188 cennnatt w oAacPSxP CfRtiKAft Cf WPtlCY ncr , m...vw 1° nu,men.evrm .�ma C[RTIYEPI[ Oi FNAL PtAi APPPOq °a { :n .nv °w.a,�rw FINAL PLAT r MAPLE GLEN II { 18.50 ACRE TRACT CONTAINS 03- RESIDENTIAL LOTS 5- DRAINAGE RESERVES ZONED: PUD 0404 CITY OF OAASSO TULSA COUNTY, ONLANOfA PART OF SN /4 OF SECTION O, T -21 -N, R -14 —E TULSA COUNTY, OKLAHOMA I. P 1 WA=n OCtn9@ 4. N10 M It00W W A® HEY KYMrtIY Ufyr OYN,YMOW.Ma^� @ii Nromax u 4 i C�O�ft+ - � .in d i; Y "( Y wul 1 SPA– 1 ,9w j i. t .0 '• J !8{N• 4PA &/ Iremtu 1 I atL u. I vu. t -r ------------ �..Ki { I Lo I it I w�¢ 1 uau 1 1 ,w}u.l _ I rrvu 1� 1 ulu 1 I ,r�u.l mr OANER/08V8LOPER: SURVEYOR: Ott LLG CFwmwKSUR' /£'NG, A4'C P.O. m lie P.0. B 1098 Ovana Okl.4 . 14008 o.. Okl , 11.0 (018) RV -SUP (918) Y/4AW! CxWmb It Avtl,wiieWO No. EE80 Re —f Wlc tun, 20, Olt z i v Y P tAC � HL P LpCAT10N kAT ENGINEER RALOGG WCINURNG, INC. 0'168 S.0 ON Rw8 9.Lr +. axl.Aamn 71000 Olt) ETi.-4W0 . a .: I., BO. ppILNO. 2188 cennnatt w oAacPSxP CfRtiKAft Cf WPtlCY ncr , m...vw 1° nu,men.evrm .�ma C[RTIYEPI[ Oi FNAL PtAi APPPOq °a { :n .nv °w.a,�rw FINAL PLAT r MAPLE GLEN II { 18.50 ACRE TRACT CONTAINS 03- RESIDENTIAL LOTS 5- DRAINAGE RESERVES ZONED: PUD 0404 CITY OF OAASSO TULSA COUNTY, ONLANOfA PART OF SN /4 OF SECTION O, T -21 -N, R -14 —E TULSA COUNTY, OKLAHOMA I. P 1 WA=n OCtn9@ 4. N10 OANER/08V8LOPER: SURVEYOR: Ott LLG CFwmwKSUR' /£'NG, A4'C P.O. m lie P.0. B 1098 Ovana Okl.4 . 14008 o.. Okl , 11.0 (018) RV -SUP (918) Y/4AW! CxWmb It Avtl,wiieWO No. EE80 Re —f Wlc tun, 20, Olt z i v Y P tAC � HL P LpCAT10N kAT ENGINEER RALOGG WCINURNG, INC. 0'168 S.0 ON Rw8 9.Lr +. axl.Aamn 71000 Olt) ETi.-4W0 . a .: I., BO. ppILNO. 2188 cennnatt w oAacPSxP CfRtiKAft Cf WPtlCY ncr , m...vw 1° nu,men.evrm .�ma C[RTIYEPI[ Oi FNAL PtAi APPPOq °a { :n .nv °w.a,�rw FINAL PLAT r MAPLE GLEN II { 18.50 ACRE TRACT CONTAINS 03- RESIDENTIAL LOTS 5- DRAINAGE RESERVES ZONED: PUD 0404 CITY OF OAASSO TULSA COUNTY, ONLANOfA PART OF SN /4 OF SECTION O, T -21 -N, R -14 —E TULSA COUNTY, OKLAHOMA I. P 1 WA=n OCtn9@ 4. N10 T t I_imiis. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Special Exception Application and Review Process DATE: November 5, 2010 - 11R The City of Owasso Community Development Department currently allows certain uses believed to have unique or widely varying operating characteristics or unusual site development features to be permitted in base zoning districts as special exceptions as opposed to those permitted "by- right." These Special Exception uses are approved or denied by the Board of Adjustment (BOA) rather than the Planning Commission. Once a decision is rendered by the Board of Adjustment, no further action is taken by any public body on the item and the applicant may submit a site plan and subsequent building permit. The purpose of this memo is to raise some concerns the Community Development Department has with respect to the current process of approval for many Special Exception uses. Owasso is unique in the way Special Exceptions may be allowed in zoning districts where the requested use (i.e. church) would not be allowed "by- right." This is problematic for several reasons. First, the Board of Adjustment is a quasi - judicial board that does not operate under the authority of the City Council. Second, because the Board of Adjustment is quasi - judicial, any appeals, whether they are from the applicant or citizens, may be disputed in District Court. Because of this, staff believes it is in the best interest of the City to require some of the uses currently designated as "Special Exceptions" to be allowed only by "Specific Use Permits." Specific Use Permit applications would be considered by the Planning Commission and the City Council, which would serve as a check and balance system. This would be beneficial because the staff and the Planning Commission can require additional measures be taken to ensure the use is of high quality and designed appropriately. Also, with a Specific Use Permit, the City Council would hear and approve or deny the item at their regularly schedule meetings, thus ensuring a well reviewed application. DISCUSSION: In the past, many of the Special Exception uses currently shown in the zoning code may have been appropriate without the need for a more stringent review procedure. However, the City has grown to a point where many Special Exception uses have the potential to create negative impacts to adjoining residential, commercial, and public areas. These may not have been foreseen as a problem several years ago. Some Special Exception uses can be fairly complex and intense, thus having a high impact on neighborhoods. For example, in a residential district, the following uses are currently allowed by Special Exception in the City of Owasso with approval from the Board of Adjustment: r Church ➢ Hospital ➢ School D Post office ➢ University The following uses are allowed by Special Exception in commercial districts: D Outdoor shooting range ➢ Drag strip ➢ Fuel oil sales Auto sales lots Truck Rental ➢ Race Tracks The following uses are allowed by Special Exception in light industrial districts: ➢ Hydroelectric generation plant Sanitary landfill Sewage disposal facility ➢ Juvenile delinquency center As mentioned earlier, all of the above uses, as well as many others, currently go before the BOA for approval or denial. It is important to remember that if the request is approved, it does not go before any other decision making body and the applicant may proceed with preparing a site plan and then securing a building permit. If the applicant is denied, they have the option to appeal the decision in district court. In either case, neither the Planning Commission nor City Council has a chance to review or act upon the request. Staff is concerned that many Special Exceptions are beyond the scope of the BOA's purpose and that many of these uses should be subject to a more thorough review process. Looking at the BOA's function in relation to the aforementioned issues, Staff believes that many Special Exceptions should go before the Planning Commission and then forwarded to the City Council for final approval similar to the way other zoning applications are processed. Typically, from my experience and in my research of other communities' procedures, the BOA, acting as a quasi- judicial body, is appointed for the purpose of considering requests for relief from the requirements of the zoning ordinance or staff interpretations of the zoning ordinance. There are typically three types of applications the BOA considers: variances, appeals of administrative decisions, and non - conforming situation permits. Below are excerpts from other cities' zoning codes describing the purpose and duties of their Board of Adjustment: Statesville, North Carolina The Statesville Board of Adjustment is a quasi- judicial board appointed by the Statesville City Council. A quasi - judicial hearing is similar to a court hearing in that witnesses are sworn in and decisions are based on evidence and factual testimony rather than opinions. The Board's responsibilities include granting variances and hearing appeals from decisions or interpretations made by the zoning administrator. The Board meets monthly to hear requests. Moore, Oklahoma In Moore, Oklahoma, the Board of Adjustment concerns itself with questions arising from the City's zoning regulations. Business of the Board includes hearing appeals from citizens who have been the subject of enforcement of zoning regulations; deciding map interpretations; and authorizing exceptions and variances to the zoning regulations. Edmond. Oklahoma Edmond, Oklahoma's Board of Adjustment was created to hear variances on Title 22 Zoning Ordinance for such items as height and setback. The Board of Appeals hears variances from the Building Code, Fire Code and Title 13 Utility Code for all other zoning codes. Olathe, Kansas Olathe, Kansas has a Board of Adjustment which will receive, hear, and decide appeals to official decisions pertaining to zoning requirements, and to consider applications for variances. In essence, the BOA is composed of lay- persons and business owners who are not accustomed to hearing many of the planning related items such as subdivision plats, easement closures, rezoning cases, and lot splits that the planning Commission hears. Additionally, the Planning Commission is more accustomed to acting on related site issues such as driveway access, utilities, impacts on adjoining neighborhoods, and storm water impacts. Considering this, it makes better sense to take many of the special exception items to the Planning Commission rather than to the Board of Adjustment. Below is a list of the pros and cons of changing the current procedure for Special Exceptions: Pros The Planning Commission and City Council will have an opportunity to have input and thus be able to mitigate any negative impacts to adjoining development. > Many of the Special Exception uses will get another layer of review, ensuring better safeguards in the process. r The procedure will encourage more public review and evaluation of a use's operating characteristics and site development features. The review process will provide better assurance to the community that such uses will be compatible with their locations and surrounding land uses. Cons r The process has the potential to become more political, as the City Council will be required to take final action on specific use permits. Approval times will be lengthened. SUMMARY: It is recognized that the community is growing and as such has become more complex in terms of the proximity of uses in certain locations. An SUP allows a use that may be appropriate in some locations in a given district with additional conditions such as, but not limited to, site modifications, additional landscaping, driveway location, hours of operation, building modifications, etc. Some common examples of an SUP are day care centers, private clubs, churches, bed and breakfasts, and congregate care housing in residential districts, as well as several other uses. An SUP also allows the Planning Commission or City Council to request additional conditions as part of the proposed development. Specific Use Permits, sometimes called Special Use Permits or Conditional Use Permits, are being used in most communities in our region as well as many other cities throughout the nation to address uses that, without modifications, tend to more intensely dominate the area in which they are located than do other permitted uses in the district. It is important that care is taken to integrate specific land uses with other uses in certain areas in order to prevent adverse impacts to the community at- large. RECOMMENDATION: Staff intends to recommend City Council approval for Staff to initiate the process of taking Special Exceptions through the Planning Commission and City Council as Specific Use Permits (SUP's). In order to initiate this change, the following actions would need to occur: ➢ Amend Chapter 12 (Section 1210) of the current zoning code to reflect changes to the powers of the Board of Adjustment. Similarly, changes would be made with respect to duties of the Planning Commission. ➢ Amend any language in the City's Code of Ordinances, which may be affected by this change. ➢ Make adjustments to the use descriptions in the zoning code to show where uses formally taken as Special Exceptions will now be taken as a Specific Use Permit. This may allow the consolidation of several chapters into one new chapter. ➢ Add new text to the zoning code that describes Specific Use Permits, what they are, their purpose, and the procedure for obtaining one. Hold a public hearing on the proposed amendments. ➢ City Council adoption of the new amendments by ordinance. 11 out Limils. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resource Director SUBJECT: City Manager Contract DATE: November 5, 2010 BACKGROUND: The City Manager's annual performance review process began in August, including an online evaluation completed by department directors and individual interviews with department directors and City Council, all conducted by an independent third party. PROPOSED ACTION: The existing contract expires November 30, 2010, completing the second year of a two year contract. Attached is a fourth amendment to the City Manager's contract. The proposed contract is again a two year contract, set to expire November 30, 2012. There are no increases in compensation, retirement or benefits in the proposed contract. An Executive Session has been placed on the November 9, 2010 work session agenda to give the City Council the opportunity to discuss the proposed contract amendment.