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2016.07.12_Worksession Agenda
This meeting is a worksession for Council /Trustee discussion only. There is no opportunity for public comments at worksession. PUBLIC NOTICE OF THE MEETING OF THE f`CLGEIVED OWASSO CITY COUNCIL, OPWA & OPGA JUL 0 2016 _ Council Chambers, Old Central Building ty-c3lewb-office 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, July 12, 2016 - 6:00 pm 1. Call to Order Mayor /Chair Lyndell Dunn 2. Discussion relating to Community Development items Bronce Stephenson A. Planned Unit Development - PUD -16 -03 (OZ- 16 -06), Tyann Villa (immediately east of Smith Elementary School) B. Planned Unit Development - PUD- 16 -04, Owasso 140 (north side of E 76 St N approximately' /< mile west of N 161 E Ave) C. Specific Use Permit - SUP- 16 -02, IQ Car Wash (8702 N Garnett Rd) D. Zoning Code and Land Use Updates 3. Discussion relating to Public Works items Roger Stevens A. Bid Award - CDBG Sidewalk Project B. Bid Award - Bailey Golf Course Damn Repair Project C. FY 2016 Street Rehabilitation Project Update 4. Discussion relating to proposed utility rate increases Linda Jones 5. Discussion relating to Council Orientation and Review Julie Lombardi 6. Discussion relating to City Manager items Warren Lehr • Center for Economic Development Law (CEDL) contract • Mission, Vision, Values • Monthly sales tax report • City Manager report 7. City Council /Trustee comments and inquiries 8. Adjournment Notice of Public Meeting filed in the office of the City Clerk and the Agenda posted at the City Hall, 200 S Main (west entrance), and Police Station, 111 N Main, bulletin boards at 6:00 pm on Friday, July 8, 2016. �L Sherry Bishop, Vy Clerk O—T City Wit,out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Planned Unit Development, PUD -16 -03 (OZ 16 -06) -Tyann Villa DATE: July 8, 2016 BACKGROUND: The City of Owasso received a Planned Unit Development (PUD) application for review and approval of a development called Tyann Villa. This development proposes a gated single family planned residential community that will include approximately 64 lots in 2 blocks on 16.20 acres. The subject property is located immediately east of Smith Elementary School. The applicant also submitted a concurrent rezoning request (OZ 16 -06) with this PUD that would rezone the property from RS -3 (Residential Single Family) and RM (Residential Multi - Family) to all RS -3 (Residential Single Family), allowing for the development of single family homes. The PUD will act as an overlay to the RS -3 zoning and govern the development of the property. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North CS Commercial Sho in Commercial Commercial City of Owasso Number of Reserve Areas RS -3 Gross Dwelling Units /Acre 3.95 DU /Acre Total Buildin SF South (Residential Single Single Family Residential City of Water Provider J Family) Homes Storm siren fee of 35 /acre Owasso East AG(Agriculture) Undeveloped Residential City of Owasso West RS -3 (Residential Single Elementary Public I City of Famil School Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 16.20 acres Current Zoning RM and RS -3 Proposed Use Single Family Homes Lots /Blocks 64 Lots, 2 Blocks Land Use Plan Residential Number of Reserve Areas S Gross Dwelling Units /Acre 3.95 DU /Acre Total Buildin SF N/A Within PUD? Yes, PUD 16 -03 Within Overlay District? No Water Provider J City of Owasso Applicable Pa backs Storm siren fee of 35 /acre Streets public or private) Private CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. Additionally, a PUD typically produces a higher quality product with better amenities, architecture, landscaping and buffering. ANALYSIS: Tyann Villa is a unique single - family neighborhood targeting those who prefer larger homes with little to no exterior maintenance. Tyann Villa proposes a maximum of 64 single- family lots on a 16.20 acre tract of land, yielding a gross density of 3.95 DU /Acre. The application calls for the lots to be developed as zero lot line, which means instead of the standard five foot setbacks on either side of the home, there is a ten -foot setback on one side and a zero setback on the other side. The wall of the neighboring home is set on the lot line (see example below). The main access into the development will come from the end of E 93 St N and a secondary fire access point will come off N 125 E Ave. The secondary access point will contain a gate, landscaping and concrete ribbons with a Knox Box and will be strictly for emergency vehicles, therefore no through traffic will be allowed on the emergency access drive. Rem Lot Line Side Lot Line I Front Setback °� ' " Front Lot Line t Configuration of Zero Lot Line Style Homes There are a total of 5 reserve areas in the development, including the private street denoted as reserve area "A." The development will be gated and the homes will be placed on zero lot line lots, similar to those found in the Fairways V subdivision. The minimum lot width has been specified as 55 feet and the front setbacks 25 feet. The proximity of the development makes it convenient for future residents to be able to walk or bike to nearby commercial areas without traveling on or adjacent to heavily congested arterial streets. All homes in the development have been called out in the PUD development summary to be constructed of at least 80% masonry. All reserve areas, along with the internal streets, will be maintained by a private property owners association. Along with the PUD request, the applicant has submitted a petition for underlying zoning of RS -3. A portion of the property is already zoned RS -3 and the other part is zoned RM. The proposed zoning of RS -3 unifies the entire property under one zoning and complements the development proposal. The PUD will act as an overlay governing the development of the property. A preliminary plat has also been submitted concurrently with the PUD request. If the PUD is approved, the applicant will provide final development plans for administrative review and approval by City staff. These plans shall include all the civil engineering drawings, landscape plans, drainage plans, utility plans, a Final Plat, etc. PUD applications presented to the Planning Commission are for approval of the uses, the overall plan as it relates to the immediate area, and the concept for the development. The City of Owasso will provide sanitary sewer, water, Fire, Police and EMS service to the proposed development. City staff published legal notices of the PUD request in the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2030 Land Use Master Plan identifies the subject property and its surroundings as having residential uses, making the proposal consistent with the Plan. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: This proposal appears to be consistent with the current and expected development of the area. Commercial areas lie to the north of the project, a school to the west, single - family residential to the south, and an undeveloped tract to the east. As an infill type of development, the project will actually serve as nice transition between lower density single family homes and higher intensity commercial areas to the north. Overall, this area is urban in character and the proposed project is designed accordingly. PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant will be required to adhere to all City of Owasso subdivision regulations and engineering requirements. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards o f f he PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their meeting on July 11, 2016. ATTACHMENTS: Area Map Aerial Map Zoning Map Land Use Plan Map Outlined Development Plan Conceptual Site Plan Tyann Villa ■ _� .11 �:° Gfit Lji i `., 111111 G+ .. .■ � Yom.. IIPI w N nn . �E, • uun � _.•' >�j7• • 111 _ . ` i- E , ��- 11� ■\ 111 -. .M� 1111 jjy" � 11111 ■1�J �� � � �� �� 1111 ■�� -Slit. r � lld f 1 \ \F,+, .�3al�d ■■ Ai • ®I !I ■ ■ � •vl IQ+ r • r _ �w 1111 �r Gy 1c ■ ■ �� 1i1 111 s�11➢tY►1 IIIII�PIIIIII p t IBi�SY'f'� \IIIIIIP \� ■11 i', 'o_ n� � � ► _ " d Y\irr1Y I 11! ► G E � !!' = r r iln! O ml• C► 1 11 __� IIIIIt_�t ® 11lIt G\IIII �_ 'IYG� li�i GII■ 111111111 w1 � rC Z' +lo „ 1: ► �, . • 0 r 011llll i � IBC id' J i �_ 1111 • � 7 r P_ 11iP � 1 � M _ :� { r _ .0 G■ta nm n111 11111 _�' : 7� ... �, •• _ Illnnu G . .. ., p IYY YYH 1 _ O��` � — milli �.p :C . nr ■ UliiC t _ : a ■!ta„ ! �.� nl ' _ G► n u► ■ � E 11/1'i= . .i I\+ g1i� —� Yi 'YI 11�1111E ! ._ _ G G.v . . { I1 m ii Y _Ili . v +py h 1 p e� : � ..' n • a nnn► rfZr � nm � Ilt '�� + :` u �l, ��-� ■ ■ ■ Y `• �a�= x+9.1 '. I+1' _• !a mil■ _- G _s GIU wr ii SM 1 � � all k � Il „�= _ G + is it gii I 1 1 06/07/2016 please contact owasso staff for the most up-to-clate information. Tyann Villa r, 1" = 1,505 ft PUD 16 -03 06/07/2016 s This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up -to -date information. OPUD 16 -03, OZ 16 -06 1" = 752 ft Existing Zoning 06/13/2016 •,��r �`,, >- 5 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso Public staff for the most up -to -date Information. OPUD 16 -03 /OZ 16 -06 Land Use IAA -1"gIZ M Bill ki lr911MLYNK41:1uI14►11 Owner /Developer: Tyann Development Co. Inc. P.O. Box 397 Owasso, OK 74055 Phone: (918) 274 -0517 Prepared by: Kellogg Engineering, Inc. 6755 S. 4060 Rd. Talala, OK 74080 918.275.4080 April 15, 2096 Table of Contents DevelopmentConcept ............................................................ ..............................2 LegalDescription .................................................................... ..............................3 StatisticalSummary ................................................................ ..............................4 Existing Zoning and Land Use ................................................ ..............................5 Environmental Analysis and Topography ................................ ..............................5 Access and Circulation ........................................................... ..............................6 Drainage................................................................................. ..............................6 Utilities.................................................................................... ..............................6 Development Area (Single- Family) ......................................... ..............................7 Property Owners Association .................................................. ..............................8 Storm Water Detention ........................................................... ..............................8 PlatReview ............................................................................. ..............................8 Exhibits • Exhibit'A' Existing Zoning & Land Uses • Exhibit `B' Existing Topography • Exhibit `C' Existing Soils Map • Exhibit'D' Aerial Photograph • Exhibit'E' PUD Concept Plan Development Concept Tyann Villa is a proposed upscale privately gated single family residential Planned Unit Development (PUD) located in Owasso, Ok. The project site is currently undeveloped land consisting of 16.20 acres located between E. 96`h and 86`h street N. on E. 93rd St. N. within the City of Owasso. The site offers excellent development promise with exceptional access to the local shopping and recreational amenities. The PUD is a residential community. The development will include approximately 64 lots with open space for the enjoyment of the residents. The PUD Concept Plan shows the development area. The proposed development consists of one development area. A minimum lot size of 55 feet wide by 120 feet deep and dwelling sizes of 3,000 square feet of living space (excluding garage) are proposed for the area. A detailed plat for the development will be submitted to the Owasso City Planning commission for review and approval before construction begins. I Legal Description A TRACT OF LAND THAT IS LOCATED IN THE NORTHEAST QUARTER (NE /4) AND THE SOUTHEAST QUARTER (SE /4) OF SECTION TWENTY (20) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SEC. 20, TOWNSHIP 21 NORTH, RANGE 14 EAST, I.B. &M.; THENCE S 00 °01'55" W ALONG THE EAST LINE OF SAID SECTION 20 A DISTANCE OF 1,662.50 FEET; THENCE N 01 025'16" W A DISTANCE OF 1,517.25 FEET TO THE POINT OF BEGINNING; THENCE S 48 °41'24" E A DISTANCE OF 69.84 FEET; THENCE S 60 059'21" E A DISTANCE OF 135.44 FEET; THENCE S 89 °21'07" E A DISTANCE OF 90.79 FEET; THENCE S 32 °49'16" E A DISTANCE OF 67.72; THENCE S 07 046'48" E A DISTANCE OF 101.70 FEET; THENCE S 46 °28'57" W A DISTANCE OF 103.25; THENCE S 04 °31'05" W A DISTANCE OF 412.30; THENCE S 00 007'08 WA DISTANCE OF 119.49 FEET; THENCE N 89 °21'22" E A DISTANCE OF 60.58; THENCE S 00 023'17 E A DISTANCE OF 270.74 FEET; THENCE S 88 006'26" W A DISTANCE OF 177.35 FEET; THENCE N 03 045'14" W A DISTANCE OF 25.36 FEET; THENCE S 87 °50'06 W A DISTANCE OF 128.88 FEET; THENCE N 16 °27'52" W A DISTANCE OF 15.16 FEET; THENCE S 72 057'54 W A DISTANCE OF 376.22 FEET; THENCE N 24 °53'11" W A DISTANCE OF 189.81 FEET; THENCE N 00 °03'53" E A DISTANCE OF 140.07 FEET; THENCE S 89 °45'47" E A DISTANCE OF 74.41 FEET; THENCE N 00 °03'58" E A DISTANCE OF 734.79 FEET; THENCE S 89 056'02" E A DISTANCE OF 75.00 FEET; THENCE N 00 °03'58" E A DISTANCE OF 50.00 FEET; THENCE S 89 °56'02" E A DISTANCE OF 222.70 FEET; THENCE N 41'18'07" E A DISTANCE OF 168.07 FEET TO THE POINT OF BEGINNING, AND CONTAINING 16.20 ACRES, MORE OR LESS. BASIS OF BEARING IS THE OKLAHOMA STATE PLANE COORDINATE SYSTEM. THE REFERENCE BEARING IS THE SOUTH BOUNDARY LINE. 3 Statistical Summary Project Area: 16.20 acres Total Project Density: 3.95 DUs /acre Land Use Residential: Housing (Single - Family) -Total Area (approximate) 16.20 acres - Number of Dwelling Units 64 DU - Density 3.95 DUs /acre Park /Open Space: Included within residential acreage -Total Area (approximate) 1.58 acres * This Project will tie into the Tyann Plaza recreational sidewall trails providing access to the Tyann Plaza pond and amenities. 4 The existing zoning for the subject tract is RS and is currently undeveloped. The zoning type of the proposed site, along with the surrounding properties, is shown in Exhibit `A'. The existing conditions of the property consist mostly of gently rolling pasture land. Elevations of the property range from 645 feet to 695 feet above mean sea level. Existing contours of the site are shown in Exhibit 'B'. The Soil Survey of Tulsa County, Oklahoma was used to help identify soil types and consist of those listed below: • Eram- Coweta Complex (20), 5 to 15 percent slopes • Dennis - Radley Complex (16), 0 to 12 percent slopes • Okemah- Parsons - Pharoah Complex (44), 0 to 1 Percent Slope Exhibit 'C' shows a map of the existing soils of the property. 5 Access and Circulation The site is bordered on the north by commercial properties, with Owasso Public Schools to the west and Lakeridge Subdivision to the south. Access to the site will be accomplished by connecting to E. 931d St. N., at the northwest. The site will be a private community with an access gated located at this location. A reserve is proposed between lots at the southeast corner of the site connecting to N. 125t`' E. Ave. for emergency vehicle access. All Internal streets will be privately maintained by a Property Owners Association. Storm -water management will be handled with on -site storm water conveyance system. Utilities • Sanitary sewer service will be provided by City of Owasso • Potable water service will be provided by City of Owasso • Telephone service will be provided by AT &T. • Natural gas service will be provided by ONG. • Electrical service will be provided by PSO 6 Development Area (Single- Fami/o • Permitted Uses: Uses as permitted in RS -3 District, City of Owasso Zoning Code, by right and by exception • Land Area (approximate): 16.20 acres • Maximum Number of Dwelling Units: 64 • Minimum Lot Width: 55 feet • Minimum Lot Depth: 120 feet • Maximum Building Height: 35 feet • Maximum Living Space: 3,000 square feet (Excluding Garage) • Off - Street Parking: 2 spaces /DU • Minimum Yard Requirements: o Minimum Front Yard abutting a street 25 feet o Minimum Rear Yard 20 feet o Minimum Side Yards 0/5 feet • Minimum Corner Lot Side Yard (back -to -back with another corner lot) 25 feet • Minimum Corner Lot Side Yard (not back -to -back with another corner lot) 25 feet Minimum lot width shall be measured at building lines for cul -de -sac lots and lots located on a curve. 7 Property Owners Association A Property Owners Association shall be created to owned and maintain all private streets, storm water conveyance, landscaped areas, reserve areas, and all other landscaped buffers and islands. These areas are to be constructed and attractively landscaped by the developer and turned over to the property owners association for ownership and maintenance. Covenants will be filed along with a plat which will set forth standards for these areas. Storm Water Detention Detention is provided by the Tyann Lake located to the Northeast of the site. A maintenance fee will be access on each lot based on a percentage of area. These fees will be established under the property owners association and conveyed in covenants of the plat to filed. Plat Review No building permit shall be issued until a subdivision plat, which will serve as the site plan, is submitted to and approved by the City of Owasso Planning Commission and Owasso City Council and filed of record with the Tulsa County Clerk. 0 CS AG CS CS CS PUD CS CS CS CS co°� PROPOSED CG PUD SITE PUD CS, ��?' '� RS RS-3 !RS OMI,. L �( CN 7�1 ECau tAK,ERI C� ENt 'Ra M' CIS iJ AG. �iT�1l rT CG p r � W w I- Cs CS I z I z - ��'NCU AG C RS -3 R 14 E E. 96TH ST. N. E. 86TH ST. k SECTION 21 TULSA COU LOCATION n SCALE: 1" =2500' W Z T 21 N 01 Al- Scale: 1" =1000' PUD NO. ?'JYA 1.VYN 11r51bjA1 TYANN DEVELOPMENT CO., INC. EXHIBIT 'A' EXISTING ZONING MAP KELLOGG ENGINEERING, INC. TALALA,OK R 14 E E. 96TH ST. N. w z SED z b b bb b b bb 0A b z Q ¢ T N z0 21 N h Z Cr U e a Z Scale: i" =200' a � Z � E. 86TH ST. N. a SECTION 20 TULSA COUNTY SITE �z r LOCATION MAP I SCALE: 1" =2500' "' LAA4 i'� H �I b Q b O b xmsa courlrr b b i bb PUD NO. T�YANN TYANN DEVELOPMENT CO., INC. EXHIBIT 'B' EXISTING TOPOGRAPHIC MAP - KELLOGG ENGINEERING, INC. TALALA, OK 10 R 14 E I E. 96TH ST. N. 1` SED z T -/ 1 N Scale: 1" =200' �i� {�� E. 88TH ST. N. �l RO O s �. �� ����� SECTION 20 �,_,fJ V J , TULSA COUNTY PUUU� D 71 � � I LOCATION MAP 1 ��� SCALE: 1" =2500' SITE ��� �� �� � NJ mrruwo -nvcw mw¢ o n i mmr auo TULSA caunxr PUD NO. �JPLLA 15: TYANN DEVELOPMENT CO., INC. . 44 EXHIBIT 'C' EXISTING SOILS MAP KELLOGG ENGINEERING, INC. TALALA, OK _ • PROPQaE t � af. ���. �'•_ �' `�� Kra .i' -`^' t POD SI w r �7 y 7 y: .i • Wig IF �' F$ fr•i A W Z z z G R 14 E E. 96TH ST. N. E. 86TH ST. N. SECTION 20 TULSA COUNT LOCATION M� SCALE: 1" =2500' x rn N G T N1 Q IIIINnI'I1 V Scale: 1" =1000' R 14 E E. 96TH Sr. N. E. 86TH ST. N. SECTION 20 TULSA COUNTY LOCATION MAP SCALE: 1' =2500' T 21 N N Scale: 1" =200' MINIMUM YARD SET HACK UNE — — — — — FRONT YARD ABUTTING A STREET: 25 FEET REAR YARD: 20 FEET SIDE YARD: 0/5 FEET CORNER LOT SIDE YARD: 25 FEET (HACK TO HACK WITH ANOTHER CORNER LOT) CORNER LOT SIDE YARD: 25 FEET (NOT BACK TO HACK WITH ANOTHER CORNER LOT) i I I 37 - la' �_J I� ,_ —J �- _ J _ J , ' J 14.1L " —J :7 —J I ' J II. " —J J —I I T rr :. —J If�J � —J z 1 i ,\ I GREEN AREAS: ALL GREEN AREA SHALL BE DEEM LANDSCAPING AND SCREENING AREAS. R 14 E E. 96TH Sr. N. E. 86TH ST. N. SECTION 20 TULSA COUNTY LOCATION MAP SCALE: 1' =2500' T 21 N N Scale: 1" =200' MINIMUM YARD SET HACK UNE — — — — — FRONT YARD ABUTTING A STREET: 25 FEET REAR YARD: 20 FEET SIDE YARD: 0/5 FEET CORNER LOT SIDE YARD: 25 FEET (HACK TO HACK WITH ANOTHER CORNER LOT) CORNER LOT SIDE YARD: 25 FEET (NOT BACK TO HACK WITH ANOTHER CORNER LOT) PUD NO. T�YA C IT VILLA TYANN DEVELOPMENT CO., INC. EXHIBIT 'E' PRELIMINARY CONCEPT PLAN KELLOGG ENGINEERING, INC. TALALA,OK D z 0 o L Z < D l won °m4- FT r < D 0 _I Z L~ o z n L L Pb tM 4- T ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Planned Unit Development, PUD 16 -04 (OZ 16 -05) - Owasso 140 DATE: July 8, 2016 BACKGROUND: The City of Owasso received a Planned Unit Development (PUD) application for consideration of Owasso 140 from Dominion LLC. The property is located on the north side of E 76 St N approximately' / mile west of N 161 E Ave. This PUD is for a 140 acre master planned community to be developed into 467 lots within 17 blocks. As part of this PUD, the applicant requests an underlying zoning of RS -3. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North RS -10 (Residential Residential/ Residential Rogers Within PUD? Single-Family) Agriculture N/A Count Rogers Rural Water District #3 RS -10 and RS -40 Elm Creek Sanitary Sewer Payback $1580 /acre City of Owasso Storm Siren Fee $35 /acre Streets (public or private) Public and Private South (Residential Single- Residential Residential Rogers Family County East RS -40 (Residential Residential Residential l Rogers Single-Family) Count West RS -3 (Residential Residential Residential City of Single Family Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 140 acres Current Zoning AG (Agriculture) Proposed Use Residential Lots /Blocks ' 467 lots in 17 blocks Number of Reserve Areas 5 Reserve areas Within PUD? PUD 16 -04 Within Overlay District? N/A Water Provider Rogers Rural Water District #3 Applicable Paybacks /Fees Elm Creek Sanitary Sewer Payback $1580 /acre City of Owasso Storm Siren Fee $35 /acre Streets (public or private) Public and Private CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. Additionally, a PUD typically produces a higher quality product with better amenities, architecture, landscaping and buffering. ANALYSIS: This PUD application and rezoning request was submitted for the development of a 140 acre master planned community that proposes 467 lots in 17 blocks. The rezoning request is for the base zoning of RS -3 (Residential Single - Family). The project will be comprised of two residential development areas of similar character but different lot sizes. Development Area A, located at the northwest corner of the property is 19.48 acres in size, and consist of lots ranging from 50 to 55 feet in width. This smaller lot size falls under the minimum requirements for RS -3 zoning, but would be allowed within a PUD overlay. Development Area A will consist of 50 maximum dwelling units yielding a gross density 2.57 dwelling units per acre. All streets within this area will be privately maintained by the Homeowner's Association and would be privately gated. Development Area B, approximately 122 acres, will consist of typical single - family residential homes with lots ranging from 65 to 70 feet in width, with many of the lots exceeding RS -3 standards. The streets within Area B will be public and will be developed to the City of Owasso design standards. As part of the PUD there will be five designated Reserve Areas that will be established by the owner for construction of private streets, stormwater detention, and open space amenity areas. The development proposes the following amenities: • Stocked fishing pond with dock • Walking trails around two detention ponds that connect with neighborhood sidewalks • Community playing fields or disc golf course • Swimming pool or splash pad • Clubhouse If the PUD is approved, the applicant will provide final development plans for administrative review and approval by City staff. These plans shall include all the civil engineering drawings, landscape plans, drainage plans, utility plans, and Final Plat. PUD applications presented to the Planning Commission are for approval of the uses, the overall plan as it relates to the immediate area, and the concept for the development. This project would connect to existing Rogers County subdivisions to allow for adequate emergency access on the eastern and western perimeters. The City of Owasso will provide sanitary sewer, Fire, Police, and EMS service to the proposed development. Rogers Rural Water District #3 will provide water to the development. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2030 Land Use Master Plan identifies the subject property and its surroundings as having residential uses, making the proposal consistent with the Plan. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: This proposal appears to be consistent with the current and expected development of the area. The area is developed with single - family homes of varying densities. PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant will be required to adhere to all City of Owasso subdivision regulations and engineering requirements. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their meeting on July 11, 2016. ATTACHMENTS: Area Map Aerial Map Land Use Map Planned Unit Development Submittal for Owasso 140 RM -1 1 E 83 PL N ��W Rogers County Zoning Unavailable E 83 ST N —�;++ I,IA 1 Z Subject Tract T_N -80-ST-S, � F�9S -N €78.ST N 8 -S? N h 2 r 2 E77- 40 r TN E\�STN w W ¢ w -E--7-'6i h.'ST N� ¢ ui RE ao n� Z 2! .o !Z LEGEND 0 Owasso Corporate Limits N / �� subect o izs zI soo 300' Radius !/] /� Tract OPUD 16 -04 & OZ 16 -OJr I I i I 2721-14 � � . Feet x "L , Subject Tract ,t� Vii# i ',r L�'1 J'�KTS]!.^i•�'7' 5 M1f '.. Alw..JJ.nS ci 1 i 1 Sir rIFYOP �' d C+��'► %r t r ' _ :SEA );1 i i. ii � . ai - i _i_. R •d-_.- L �T � I J� 9t 't�. 5A ,• 4 r .'�� s r \ a 1 t de I � r a tt Main It W .R ,rd � : _. � - ! I ; I F r✓L : , a r � °' '� - '�`' '��'� -•Egg) , r �� � 1 � ? `� s � ' , •e.,— �. 'U .–,r , R �, -.' d ~ ^ "' F Tom, ., F .t � 14." Note: Graphic overlays may s N not features on to with physical Subject OPUD 16 -04 & OZ 16 -05 1i5 2i0 ( 5i11 2721-14 lectures an the ground. Tract Aerial Photo Date: February 2016 Feet I LEGEND Land Use Categories = iAmmelalal - IndushleMpgionel Employment Neighbothood Mixed Use (U9hl Office. Cnrtetremial Shopping, Attached Housing, SF Holism AponmentS oWe mtod) Podu4teoeahon — Pubwnsntunpml:ouosl Public Residential (Single lamily defamed rrousmp) Transdurml (AlLxhed hcesitg, dupiexes, offices) US- 1690Vonoy Dismct m� 't;len"IurAdd,ton SMcial DistnCt 1.7 "0owntovn Devefopmen DisMct t ju..plj Myr Floodpluln Planned TraII /On- Street Bikeroutel C Fxtsting troll JL Mrs Elation Extstim PUdm School Future Public School .• n •V CivilionAirehip ® Future Park and Mde7ransit Slop © Hospital 0 Public Park Golf emose ttt Cemetery .d I LEGEND Land Use Categories = iAmmelalal - IndushleMpgionel Employment Neighbothood Mixed Use (U9hl Office. Cnrtetremial Shopping, Attached Housing, SF Holism AponmentS oWe mtod) Podu4teoeahon — Pubwnsntunpml:ouosl Public Residential (Single lamily defamed rrousmp) Transdurml (AlLxhed hcesitg, dupiexes, offices) US- 1690Vonoy Dismct m� 't;len"IurAdd,ton SMcial DistnCt 1.7 "0owntovn Devefopmen DisMct t ju..plj Myr Floodpluln Planned TraII /On- Street Bikeroutel complete Street Fxtsting troll JL Mrs Elation Extstim PUdm School Future Public School CivilionAirehip ® Future Park and Mde7ransit Slop © Hospital 0 Public Park Golf emose ttt Cemetery OPU 16- 04 /OZ 16 -05 Planned Unit Development # Prepared June 1, 2016 Location Part of the Southwest Quarter (SW 14) of Section Thrity (27), Township Nineteen (21) North, Range Fifteen (14) East of the Indian Base and Meridian, Wagoner County, State of Oklahoma. This PUD contains 51.04 +1- Acres. Owner Dominion LLC 12340 E. 86th Street North Owasso, OK 74055 Prepared By: AAB Engineering, LLC 'ing•Surveying•Land Planning PO Box 2136 Sand Spdngs, OK 74063 Office: (918) 514 -4283 Fax: (918) 5144288 Development Concept Owasso 140 is a 140 acre master planned community located on the north side of 761h Street north between 145th East Avenue and 161st East Avenue. The property has recently been annexed into the City Limits of Owasso. This PUD is being filed in conjunction with a rezoning request for the base zoning of RS -3. The GrOwasso 2030 Land Use plan designates this area as Residential which supports the proposed RS -3 zoning. The property is currently zoned RS -10 according to the Rogers County Zoning Code. The project will be comprised of two residential development areas of similar character but different lot sizes. Planned Unit Development sets out the development guidelines for both development areas and summarizes the amenities proposed within the project. The project is bounded on the east by Cornerstone Addition III & IV, the southwest by Cornerstone West, the northwest by The Champions East, and the south By Willow -Wood Estates and The Meadows. Cornerstone III, IV, and Cornerstone West are residential estate size lot developments constructed in accordance with Rogers County RS -40 standards. Champions West is a residential development conforming to City of Owasso RS -3 standards. Willow -Wood Estates is a slightly more dense residential development constructed under Rogers County RS -20 standards. The tract to the north is currently undeveloped and is zoned RS -10. The proposed development conforms to the development patterns within this area as well as the GrOwasso 2030 Land Use Plan. The development as a whole will largely conform to the development standards of RS -3 zoning. Approximately 19.5 acres of the development will be developed as a small lot gated community. The developer's intent is to market homes of a similar or slightly smaller size with smaller lots requiring less maintenance. The average home price within the gated area will be similar to those of the general RS -3 area. A significant amenity package will be provided for the benefit of both Development Areas A and B. This development concept provides for lot diversity which will decrease the time to build out the subdivision and provides amenities normally contained within a PUD to a development largely conforming to standard RS -3 zoning requirements. Owasso 140 � Page 1 Planned Unit Development #XXX Owasso, OK Development Standards Development Area A Development Area A will consist of a small lot gated community concept. This section will largely consist of a mix of 55'x110' and 50'x120' lots with architectural standards similar to that of Development Area B. Lots shall conform to the development standards of the RS -3 zoning as established in the City of Owasso Zoning code Section 430 as it exists on the date of approval of this PUD, except as hereinafter modified: Permitted uses: Gross Land Area Minimum gross land area per dwelling unit: (DU) Maximum number of dwelling units Minimum Lot Width Minimum lot size Minimum livability space per lot Minimum front yard Single Family Detached Dwellings 19.48 acres 10,000 square feet (8,400 square feet by Code) 50 (101 by Code Gross Lot Area) 50 feet (65 feet by Code) 5500 square feet (7,000 square feet by Code) 2500 square feet *(4,000 Square feet by Code) 20 feet (25 Feet by Code) *Open Space within Reserve A has been equally allocated to these lots reducing the proposed livability space from 4,000 to 2,500. The per lot livability space provided within Reserve Area A is approximately 1,785 square feet. Development Area B Development Area B will consist of a mix of 70'x130' and 65'x130' lots with architectural standards similar to that of Development Area A. Lots shall conform to the development standards of the RS -3 zoning as established in the City of Owasso Zoning code Section 430 as it exists on the date of approval of this PUD. Reserve Area 'A' Reserve Area W shall be established by the owner for the construction of private streets providing access to each lot owner with Development Area A and their invitees to and from the public streets within Development Area B. Gates, fencing, and landscaping, including all appurtenances incidental thereto, shall be allowed within Reserve Area'A', provided all such improvements are approved by the City of Owasso prior to installation. Reserve Area 'A' shall be conveyed to the Homeowner's Association which shall be responsible for the maintenance of all improvements contained within that reserve. Reserve Areas 'B', `C', &'D' Reserve Areas 'B, 'C', and 'D' shall be established by the owner for the construction of a stormwater detention facility and open space park with walking trails. Such park shall be for the sole use and enjoyment of the lot owners with the development and their invitees. All structures or improvements related to the detention function of the facility shall be constructed according to City of Owasso standards. Reserve Areas 'B, 'C', and 'D' shall be conveyed to the Homeowner's Association which shall be responsible for the maintenance of all improvements contained within that reserve.. Owasso 140 � Page 2 Planned Unit Development #XXX Owasso, OK Reserve Area `E' Reserve Area 'E' shall be established by the owner for the construction of open space park, swimming pool or splash pad, and Public Gathering amenities. Such area shall be for the sole use and enjoyment of the lot owners with the development and their invitees. Reserve Area 'E' shall be conveyed to the Homeowner's Association which shall be responsible for the maintenance of all improvements contained within that reserve. Private Streets All streets within Development Area A of the PUD will be privately maintained by the Homeowner's Association. All streets shall be constructed according to the City of Owasso residential public street standards provided that a minimum reserve width of 30' will be sufficient in lieu of the required 50' right of way with a minimum radius of 44' for all cul -de -sacs. Streets shall be constructed with a minimum width of 26' face of curb to face of curb and a minimum radius of 40' within cul -de -sacs. Streets may be gated provided all such gates meet the access requirements of the City of Owasso. Access and Circulation All streets within Development Area B will be public streets conforming to the design standards of the City of Owasso. The street configuration will largely conform to the layout as shown on the attached conceptual site plan and preliminary plat. The primary entry to the subdivision will be derived from 761h Street North with Limits of No Access (LNA) being imposed along the portions of 76th Street not used for public street access. Two secondary points of access will be provided at the northern most stub street connection on the eastern side of Cornerstone-West as well as the stub street connection within Cornerstone Addition III. All streets within the Development Area A will be private and will largely conform the with the attached conceptual site plan. The primary access point shall be the southernmost point indicated on the attached development plan. A secondary access, with an emergency access crash gate, will be provided at the northern connection to Development Area B. This will provide two points of access to all lots within Development Area A as required by the City of Owasso Fire Marshal. Gates will be constructed to limit public access to this portion of the subdivision and provide additional security for the lot owners. All such gates will be constructed according to the requirements of the City of Owasso. The location and configuration of the gates within Development Area B will require approval of the Fire Marshal and Public Works. Sidewalks shall be constructed by the developer along 7611 Street North and all Reserves adjacent to streets. Sidewalks along all internal streets shall be constructed by the individual lot owners at the time of home construction. Sidewalks shall be a minimum of four (4) feet in width, shall be ADA compliant, and shall be approved by the City of Owasso Public Works Department. Additional right -of -way width or a sidewalk easement may be required with Development Area A as necessary to accommodate the sidewalks. Owasso 140 � Page 13 Planned Unit Development #XXX Owasso, OK Amenities The development will contain amenities as outlined in section 8.29 M of the City of Owasso Zoning Code. The development will contain include a stocked fishing pond surrounded by open space parks containing walking trails. The Reserve Areas previously discussed will also include community playing fields or a disc golf course. The developer also proposes the construction of community swimming pool or spray ground along with a Pavilion or Clubhouse. The details of the final amenity package will be submitted along with the final plat. All amenities and Reserves will be maintained by the developer until such time as the subdivision is turned over to the Home Owner's Association. Screening Walls and Fences Interior fencing and /or walls shall not extend beyond that point nearest the street at each end corner of the residence. Fencing along 761h Street North shall be 6' feet in height and consist of wood, masonry or wrought iron material or a combination thereof. All entry features will be contained within a Fence Easement or Reserve designated on the final plat. Requirement to Plat No building permit shall be issued until a plat containing restrictive covenants memorializing the above development standards is prepared and filed in accordance with the City of Owasso Subdivision Regulations. Schedule of Development Development Construction is expected to begin in fall or early winter 2016:2017 Owasso Page 14 Unit Planned Unit Development #XXX Owasso, OK Y m I I(N(r�Y I I / f /r b,�f1'4� tt`^Xody�d�7�i!rF�r i Exhibit A Surrounding Areas for Owasso 140 y Y ; 1\\ 1 i� ash j 1 .x . re x i • a .r .r "S. ♦1 Y`P i,.— .°aaan LOGAnON MM AAB Engineering, LLC Engineeiingg• unreWyln o.Lana Planning 1" x Y 3 � \ • P �il� •rCl l�. � ell 9+ 7 Y �,4/r� •3 \1 I y Y } � �• y 6 " e I o 1• / v b S x �� y Y ; 1\\ 1 i� ash j 1 .x . re x i • a .r .r "S. ♦1 Y`P i,.— .°aaan LOGAnON MM AAB Engineering, LLC Engineeiingg• unreWyln o.Lana Planning A k 'p . S// 4 7 ~ f �� 11 �y ��J . ,r I Rv ti. Bxhllll} B Conceptual Site Plan for Owasso 140 ;err 4 ^ FNTMIX9IXEETXORIi LOCATION MP LEGEND o _v. o ---. sl4 r AAB Engineering, LLC 3, III 3 En9Zg. unWy ing.Le� Planning Exhibit C Conceptual Utilities Plan for Owasso 140 xd v Ti'll 12� 7 v, 7,� Ti'll 12� T. 1 MMES 1 IN LOCAMON MP LEGEND _u. AAB Engineering. ULC Engineering- u 'a s yng-.Bn arming ExliibiiD R-IaE Fxisfing Topo and Aerial for Owasso 140 2 1.4 LOCAMM M� LEGEND A ow� yc d got, lip ♦ dl t" yew' AAB Engineemg. LLC ff v JT F'4 Engineedn uwayng- On anning ' Is Exhibit E e -14E Existing and Proposed Zoning for R Owasso 140 RSiO RSto � 8 — FASiITMBiflEE,XORM ��•�,� LO�EON�MAP LEGEND �_ � � / / � / / : �' / Y✓ }530 'C'C•"� �. yam,'`+ •'' y w X�n AAB Engineering, LLC S Engineenng• umy:ng•LanC Planning rorv.a 0 a N O O Y O N O O Y O 'y a h a LL m O N O 3 w v O n ]Exhibit F Overall Legal Description for Owasso 140 A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW 14) OF SECTION TWENTY -SEVEN (27) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, ROGERS COUNTY, STATE OF OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW 14 OF SEC.27, T -21 -N, R -14 -E, I.B. &M.; THENCE N 88 043'4611 E A DISTANCE OF 662.58 FEET TO THE POINT OF BEGINNING BEING THE SE CORNER OF THE W/2 OF THE SW 14 OF THE SAID SW 14; THENCE N 01'11'25" WA DISTANCE OF 1318.80 FEET TO THE NE CORNER OF SAID W/2 SW /4 SW /4; THENCE S 88 042'25" W A DISTANCE OF 622.31 FEET TO THE NW CORNER OF SAID W/2 SW 14 SW 14; THENCE N 01 °10'42" WA DISTANCE OF 1318.54 FEET TO THE NW CORNER OF SAID SW /4; THENCE N 88 °41'03" E A DISTANCE OF 2648.15 FEET TO THE SE CORNER OF SAID SW 14; THENCE S 01 613'32" E A DISTANCE OF 2639.15 FEET TO THE SE CORNER OF SAID SW /4; THENCE S 88 04346" W A DISTANCE OF 1987.74 FEET TO THE POINT OF BEGINNING, AND CONTAINING 140.391 ACRES, MORE OR LESS. AAB Engineering, LLC A A / I / %fq Engineering* Surveying• Land Planning PO Box 0138 sand SOn9a. M 74 OKWY6318 EpAuas 3o, 2018 KS CP12292 Ex, Sao 31, M16 O8iN:(918)51a 283 Foo,(918)5144288 1 of 3 Exhibit F Development Area A Legal Description for Owasso 1-40 A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION TWENTY -SEVEN (27) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, ROGERS COUNTY, STATE OF OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW /4 OF SEC.27, T -21 -N, R -14 -E, I.B. &M.; THENCE N 88 043'46" E A DISTANCE OF 662.58 FEET TO THE POINT OF BEGINNING BEING THE SE CORNER OF THE W/2 OF THE SW /4 OF THE SAID SW /4; THENCE N 01 *11'25" W A DISTANCE OF 1318.80 FEET TO THE NE CORNER OF SAID W/2 SW /4 SW /4; THENCE N 01 °59'45" W A DISTANCE OF 102.42 FEET; THENCE N 08 054'01" W A DISTANCE OF 220.38 FEET; THENCE N 05 °38'44" W A DISTANCE OF 50.08 FEET; THENCE N 08 054'01" W A DISTANCE OF 65.00 FEET; THENCE N 02 °06'43" W A DISTANCE OF 100.94 FEET; THENCE N 03 013'36" E A DISTANCE OF 153.70 FEET; THENCE N 04 °12'44" E A DISTANCE OF 361.05 FEET; THENCE N 01 016'14" W A DISTANCE OF 75.05 FEET; THENCE N 03 °37'50" W A DISTANCE OF 50.04 FEET; AAB Engineering, LLC Engineering •Surveying•Land Planning PO Bm 2136 Sand Springs. 01(14063 OKCAa6316 F ,:Jua. 30.3016 KS CMU92 Ex, Osc 31, 2010 Ml :(019)5144233 F¢(01a)5144388 2of3 Exhibit F Development Area B Legal Description for 101 • [ A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION TWENTY -SEVEN (27) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, ROGERS COUNTY, STATE OF OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SW CORNER OF THE SW /4 OF SEC.27, T -21 -N, R -14 -E, I.B. &M.; THENCE N 88 °43'46" E A DISTANCE OF 662.58 FEET TO A POINT BEING THE SE CORNER OF THE W/2 OF THE SW /4 OF THE SAID SW /4; THENCE N 01 °11'25" W A DISTANCE OF 1318.80 FEETTO THE TO THE POINT OF BEGINNING, BEING THE NE CORNER OF SAID W/2 SW /4 SW /4; THENCE S 88 °42'25" W A DISTANCE OF 662.31 FEET; THENCE N 01 °10'42" W A DISTANCE OF 1318.54 FEET; THENCE N 88 °41'03" E A DISTANCE OF 660.19 FEET; THENCE S 01 °16'14" E A DISTANCE OF 144.46 FEET; THENCE S 03 °37'50" E A DISTANCE OF 50.04 FEET; THENCE S 01 °16'14" E A DISTANCE OF 75.05 FEET; THENCE S 04 °12'44" W A DISTANCE OF 361.05 FEET; THENCE S 03 °13'36" W A DISTANCE OF 153.70 FEET; THENCE S 02 °06'43" E A DISTANCE OF 100.94 FEET, THENCE S 08 °54'01" E A DISTANCE OF 65.00 FEET; THENCE S 05 °38'44" E A DISTANCE OF 50.08 FEET; THENCE S 08 °54'01" E A DISTANCE OF 220.38 FEET; THENCE S 01'59'45" E A DISTANCE OF 102.48 FEET; TO THE POINT OF BEGINNING, AND CONTAINING 19.48 ACRES, MORE OR LESS. 3of3 nTitoxw' lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Specific Use Permit - SUP- 16 -02, IQ Car Wash DATE: July 8, 2016 BACKGROUND: The City of Owasso received an application for review and approval of a Specific Use Permit for IQ Car Wash. The property is located at 8702 N Garnett Road. SURROUNDING ZONING: Direction Zonin Use Land Use Plan Jurisdiction Commercial CG N/A Number of Reserve Areas N/A North (Commercial Commercial Commercial City of Cit of Owasso General ) Storm siren fee of $35 /acre Streets (public or private) Owasso CG South (Commercial Commercial Commercial City of General ) Owasso CG East (Commercial Commercial Commercial City of General ) Owasso West RS3 - (Single Single Family Residential City of Family Homes ) Homes Owasso SUBJECT PROPERTY /PROJECT DATA: Trope Tropedy Size 1.70 acres Current Zoning CG Commercial General Proposed Use Commercial Lots /Blocks N/A Number of Reserve Areas N/A Within PUD? No Within Overlay' District? :i US -169 Overly Water Provider Cit of Owasso Applicable Pa backs Storm siren fee of $35 /acre Streets (public or private) N/A ANALYSIS: A Specific Use Permit (SUP) is required in certain zoning districts for uses that may be a bit more intensive than what is allowed through the City of Owasso Zoning Code. This property is located within the US -169 Overlay district which does not allow for Auto Wash developments unless submitted with a Specific Use Permit. An auto wash within the US -169 Overlay requires an SUP because it often is associated with noise, traffic and additional lighting for the site. Although this location is near residential and other commercial developments, there appears to be little impact to the immediate surrounding area given that this development is the first on this particular piece of property. The applicant has worked with staff to design the site to try to mitigate all potential impacts that could be caused by this particular use. The applicant buffered the car wash elements frorn the residential uses by locating the vacuum station to the south of the property and adding a large buffer of open space landscape at The car wash building will be located approximately 74 feet from the property line, where a typical commercial development is only required to have a 20 foot setback. The site will have 20,520 square feet of total landscape area, quite significant for a development of this size. The development has a total of 9 car wash bays, with 3 of those bays as automatics. A covered vacuum area is located under a covered area to the south of the development with a central vacuum system located indoors. Ample stacking space on the site will ensure that there are no traffic issues along N Garnett Rd. The building will be constructed with split -faced block and asphalt shingles on the roof, meeting the US -169 Overlay standards. RECOMMENDATION: Staff will recommend the following conditions: • Screening fence to provide additional buffering along the NW boundary of the site, including increased landscaping. • Additional screening around site dumpster. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their meeting on July 11, 2016, ATTACHMENTS: Area Map Aerial Map SUP Site Plan and Supporting Documentation - IQ Car Wash Building Elevations Specific Use Permit 16 -02 1" = 752 ft I Q Car Wash 06/10/2016 r_` s his map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual Held conditions. To be sure of complete accuracy, I please contact Owasso staff for the most up -to -date information. Specific Use Permit 16 -02 1" = 752 ft I Q Car Wash 06/10/2016 5 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up -to -date informatlon. Qosd�j�ti�oo P m! .1� 217E FAMA HAHDSMADEA' 53,0009 IANDSCAPEAHEA: 20,520.9 P G loll a MI Zra 1530 eee r- wm. nnHa� FASTELEVATION SOIFM REVATION WISTUNATION NOMRMTM .-l. ibbb we o IpR O—T YC' ty Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Zoning Code and Land Use Master Plan Updates DATE: July 8, 2016 Based on recent discussions and realizations that the Owasso Zoning Code and the GrOwasso 2030 Land Use Master Plan has some deficiencies and inconstancies, staff has worked to provide solutions to the existing issues so that future development is not affected. The issues mainly concerned the Land Use Master Plan and the uses defined as allowed in the residential category. Any Land Use Master Plan is a policy document that should be used by the Planning Commission and the City Council to make land use decisions, but the document is not codified and is not considered law. The Zoning Code and the Subdivision Regulations of the City are the codified documents that govern land use and are considered law. Any Land Use Plan is imperfect and cannot foresee all types of development, therefore, updates and variances must be made from time to time. Our Master Plan has only 5 main categories, so each must be designed with flexibility because you cannot design and plan an entire community with only 5 governing land use categories. Our Land Use Plan was kept very simple in this regard, resulting in there being many in- between type projects that fall into a bit of a gray area (ex. Condos, townhomes, garden apartments, multi - plexes, etc). These projects should not be seen as disallowed and should always be possible given the right circumstances. The vehicle that is typically utilized for infill projects that may fall a bit outside of the norm or may not match the surrounding uses is the Planned Unit Development (PUD). A PUD may be used at any time for any project, but it gives decision makers the ability to determine if a certain project is the right fit in a certain situation. A PUD allows focus to be on the project itself, not what it is named or zoned. Use of a PUD is a wonderful tool for projects that fall outside of what is defined within codes and policy documents. One good thing to establish is that the term 'Density' is not a dirty word, and in fact mixed uses and densities create truer community. Zoning should never be used to homogenize a City, with only single - family homes in large lots in one part of town and smaller lots in another. A mixture of housing types and densities in close proximity make for a truer community that is walkable, vibrant and sustainable. Think of great neighborhoods in Tulsa like Cherry Street, Swan Lake, Brookside and Utica Square. What they all have in common is a mix of residential uses and densities. A Land Use Review Committee was created including members of the Planning Commission, City Council, a member of the original Land Use Master Plan steering committee and staff: • Doug Bonebrake - City Council • Dr. Chris Kelley -City Council • Dr. Paul Loving - Planning Commission • David Vines - Planning Commission • Brant Snap - GrOwasso Land Use Master Plan Steering Committee member • Warren Lehr- City Manager • Julie Lombardi - City Attorney • Bronce Stephenson - Director of Community Development • Marsha Hensley- Assistant City Planner • Karl Fritschen - Chief Urban and Long Range Planner The committee held 2 meetings to discuss possible changes to the Land Use Plan and Zoning Code that would correct the current issues, allowing for future consideration of development. The first issue discussed was the description provided in the section tiled RESIDENTIAL on the land use map. The issue stemmed from discussion of the residential area being typically detached single - family homes, giving the impression that other types of housing and higher densities were not allowed. This was not the intention of the document, so corrections were made that allows for a mixture of housing types. The changes emphasize that a PUD should be used for non - single- family developments and the zoning code allows for up to 12 units per acre, so it was clarified in this section. Other allowable housing types were mentioned as well so it did not appear that only single - family homes are allowed, but with density still controlling development. (See attached.) The next area that was corrected was the legend of the map, where the residential category gave the impression that only single - family detached housing was allowed and that only attached housing and duplexes were allowed in the transitional category. This was a mistake made in the document, as these categories should allow for a mixture of uses and densities. The incorrect language was removed to mirror what was in past Land Use Master Plans. (See attached.) A density table was also created that will be placed on the Land Use Plan map and within the residential chapter of the Zoning Code. _._ Residential Densities Zoning -- - g District .._.._. ,Max Gross Density _ Residential Estate (RE) 1.8 DU /AC _ Residential Single Family (RS -1) 3.2 DU /AC Residential Single Family (RS -2) 4.8 DU /AC Residential Single Family (RS -3) 6.2 DU /AC P.esdiential Mobile Home (R(AH) 7 DU /AC Residential Duplex (RD) 10.3 DU /AC Residential Neighborhood Mixed (RNX) 12 DU / AC Residential Multi- Family 7 12 DU /AC A paragraph was also added that outlined the goals of the US -169 Overlay that was mistakenly not added to the document. (See attached.) The booklet that is the main body of the Land Use Master Plan was updated to reflect the changes made on the map insert to insure consistency in the document. The last changes were made to the Zoning Code itself, with the largest change being made to the Land Use category called RTH (Residential Townhome). This category was created as a sometimes higher- density category that allowed for different uses between single - family homes and true higher- density apartments. Because this category was called townhome, it created the impression that only townhomes, as defined in code, should be allowed. This was never the intention, but nonetheless it created great confusion. Staff changed the name of the category from RTH to RNX, Residential Neighborhood Mixed and provided a new definition. The densities allowed in this category (up to 12 units per acre) did not change, but the category was clarified as to what types of housing should be considered. Residential Neighborhood Mixed (RNX): A residential zoning category that allows a mixture of neighborhood -level uses at a density no greater than 12 units per acre. This category allows for uses that fall in between typical single - family development and higher density multi - family developments such as multi -level apartment complexes. The typical allowed uses in are duplex, triplex, multi -plex, townhome, garden apartments, cottages, apartment /bungalow court, attached senior housing, condos and similar type uses. These units can be owner - occupied or rental units. These developments are typically reviewed as a Planned Unit Development. The last changes that were proposed were to modify the definition of townhome (which defined ownership vs. rental requirement and should not) and to add definitions for a number of housing types that were not defined. In order to take a non - biased approach to definitions, staff utilized a definitions book created by the American Planning Association. (See attached.) PLANNING COMMISSION: Staff introduced this item to the Planning Commission at the June 2016 meeting and will discuss the item again at the July 11, 2016 meeting. ATTACHMENTS: Draft of Updates to GrOwasso 2030 Land Use Master Plan Draft of Updates to Zoning Code DRAFT DOCUMENT CHANGES MADE TO GROWASSO 2030 LAND USE MASTERPLAN AND OWASSSO ZONING CODE CORRECTIONS TO LAND USE TABLE Base Zonina Districts Land Use Cate ories Residential Transitional Neighborhood Mixed Use Commercial Industrial/ Regional Em to ment Downtown Development District Agriculture AG Allowed Allowed Allowed Allowed Allowed Residential Estate RE Allowed Residential Single Family RS -1 Allowed Residential Sin le Family RS -2 Allowed Allowed Residential Single Family RS -3 Allowed Allowed Allowed Residential Duplex RD Possible Allowed Allowed Allowed Residential Neighborhood Mixed RNX Possible Allowed Allowed Allowed Residential Mobile Home RMH Possible Allowed Residential Multi-Family RM ) Allowed Allowed Allowed Office Light (OL) Allowed Allowed Allowed Allowed Office Medium OM Possible Allowed Commercial Shopping CS Allowed Allowed Allowed Commercial General CG Allowed Allowed Commercial High Intensity CH Allowed Allowed Industrial Light IL Possible Allowed Industrial Medium IM Possible Industrial Hea IH Possible Allowed.- The zoning district is appropriate within the land use district Possible - The zoning may be possible if certain conditions are met or exist. The land use plan text should be consulted for clarification Blank Cell - The zoning district is inappropriate for the land use district indicated 1117_\Si1I014191JiIa1" DENSITY TABLE ADDED 4.01.03 RESIDENTIAL DISTRICTS MAX GROSS DENSITY The following table illustrates each residential zoning district in regards to the max gross density for each designation: Residential Densities Zoning District Max Gross Density Residential Estate (RE) 1.8 DU /AC Residential Single Family (RS -1) 3.2 DU /AC Residential Single Family (RS -2) 4.8 DU /AC Residential Single Family (RS -3) 6.2 DU /AC Residential Mobile Home (RMH) 7 DU /AC Residential Duplex (RD) 10.3 DU /AC Residential Neighborhood Mixed (RNX) 12 DU /AC Residential Multi - Family >12 DU /AC CORRECTION OF LEGEND 1e GN Coimct n 0006 chongng he mmmclal kx d se. teh aea d rat tletl n 0008 that arnesaf'an req esh occur in lotger ioaements, a erefare eauent mnilg eequesh shay occur in P GK>w=o 0030 Pbn tlocument for thh W h tdunefed at a key we commercial vonng should be ryvrercid. office. antl residenAd uses race" archf cme. Sg age eigld M pedesm. soak. Comidemlion pkerenloAx of maed va:oring at n. prepaaaon of an overloy d'Ndct. LEGEND Land Use Catagodes - Commercial - InduslnabRegional Employment Neighborhood Mixed Use (Light Office, COmmerClat Shoppilg.Attached Housing. SF Housing, Apartments above retail) t - PublicAnstitutional/0uasi Public Residential Transitional ® US- 1690veday District ® 'Glenn- MurAddilion Special District EM'-Doomlown Developement District 0 0.25 0.5 1 Miles ..y.O:avINI,''.�ppmn W uNM brctla. ww�ro..�elb :Nov. Reveled by the Owasso CanmuMy geyeu nl Depv 45.10.14 DRAFT DOCUMENT 100yr Floodplain Planned TmiV0n -Street Bikeroutel — Complete Street — Existing trail A Fire Station eiP Existing Pudic School d Future Public School 'f' Civilian Airstrip ® Future Park and RidelTransd Stop © Hospital Q Pudic Park 4 Golf Course ttt Cemetery ADDITION OF US -169 OVERLAY LANGUAGE *US -169 Overlay District DRAFT DOCUMENT Adopted in 2012, the US -169 Overlay District is part of the official zoning map and zoning code of the City and acts as a supplement to the existing underlying zoning along a key economic corridor in the community. The Overlay promotes higher quality architecture and site design as well as prohibiting certain uses that would be detrimental to long term economic stability of the area. Properties covered by the Overlay are subject to certain development standards and criteria and the zoning code should be consulted for development projects within this area. DRAFT DOCUMENT DEFINTIONS Senior Housing — Independent Living: A residential complex containing multi - family dwellings designed for and principally occupied by senior citizens. No nursing care or institutional care is provided on -site. These offer minimal convenience services, but focus on attracting elderly residents so as to provide a social support system among the residents. Senior Housing — Nursing Home: A home or residential complex licensed for the aged or chronically or incurably ill persons in which five or more of such persons not of the immediate family are provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick. Residential Neighborhood Mixed (RNX): A residential zoning category that allows a mixture of neighborhood -level uses at a density no greater than 12 units per acre. This category allows for uses that fall in between typical single- family development and higher density multi - family developments such as multi -level apartment complexes. The typical allowed uses in are duplex, triplex, multi -plex, townhome, garden apartments, cottages, apartment/bungalow court, attached senior housing, condos and similar type uses. These units can be owner - occupied or rental units. These developments are typically reviewed as a Planned Unit Development. Townhouse/Townhome: A one - family dwelling unit, with a private entrance, which is part of a structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to be used for access, light and ventilation. Triplex: A residential structure designed exclusively for or occupied exclusively by no more than three families living independently of each other in individual units. Multi-Plex: A building containing three or more dwelling units. Included are all forms of manufactured multifamily dwelling but excluding mobile homes. Mixed -Use Development: A single building containing more than one type of land use or a single development of more than one building and use, where the different types of land uses are in close proximity, planned as a unified complementary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking area. Garden Apartment: An apartment building generally having a low- density (12 units /acre or less) of population and having substantial landscaped open space adjacent to the dwelling units. Duplex: A building containing two dwelling units, designed for occupancy by not more than two families. Included are all forms of manufactured duplex dwellings but excluding mobile homes. DRAFT DOCUMENT Cluster Housing Development: A residential development containing attached or detached units on a limited portion of land with the remaining land areas consolidated into common open space areas. Condo: A multiple dwelling development containing individually -owned dwelling units and jointly owned and shared areas and facilities. 0 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: 2015 -16 CDBG Baptist Children's Home Sidewalk Project Construction Contract Bid Award DATE: July 8, 2016 BACKGROUND: Each year, the City of Owasso is eligible for funds through the Community Development Block Grant (CDBG), administered through INCOG and the Oklahoma Department of Commerce. CDBG funds are federal funds appropriated through the Housing and Urban Development (HUD). The funds are to be spent on infrastructure improvements in areas of low -to- moderate income. The defined low -to- moderate income areas are determined from U.S. census data. The low -to- moderate income area in Owasso for this particular year was limited to south of 76 Street North. Funds can be used to improve roads, drainage, utilities, sidewalks, parks, etc in these areas. Previous projects in Owasso using CDBG funds are drainage and walk trail improvements to Rayola Park; the new Owasso Skate Park; Three -Lakes Village Pavement Repairs, new playground equipment at Rayola Park to list a few. On April 7, 2015, City Council approved Resolution 2015 -05 which authorized City's participation in the Tulsa County CDBG Urban County and execution of the cooperation agreement which included project description. The 2015 -16 project is to construct new sidewalk from the southwest corner of the main administration building to the sidewalk where the bus stop terminates on N 127 E Ave (see attached map). Additive alternate bids were included to continue south to the next driveway and then another to extend the sidewalk to the Baptist Retirement Center community building, if funds allow. ADVERTISING FOR BIDS: Advertisements for bids were published on May 25 and June 1, 2016, in accordance with state law and a mandatory pre -bid meeting was held at City Hall on June 15, 2016 with six (6) contractors in attendance. The bid opening was held on June 28, 2016, at City Hall. BID OPENING Three (3) bidders submitted bids on this project. The bid results are included in the following Table: Bidder Base Bid Add. Alt. 1 Add. Alt. 2 Total Base Bid +Add Alts Magnum Construction $45,275.00 $19,065.00 $20,159.00 $84,499.00 S &L Construction $41,255.00 $27,184.00 $19,640.00 $88,079.53 Ira Green Construction $41,422.50 $24,455.75 $22,304.00 $88,182.25 Engineer's Estimate $46,006.02 $23,254.68 $27,043.50 $96,304.20 The low bidder was Magnum Construction, Broken Arrow, Oklahoma. The Base Bid plus additive alternates are with the funds available from CDBG ($106,500.00). FUNDING: Funds are available in the Community Development Block Grant. PROPOSED ACTION: An item has been included on the July 12 Council Work Session in order to discuss the bids for this project. Unless Council members express concern, staff will recommend contract award of the Base Bid plus alternates to Magnum Construction in the amount of $84,499.00. ATTACHMENTS: CDBG Project Application to INCOG Location Map ATTACHMENT E CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2015 TULSA COUNTY URBAN COUNTY WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93- 383 et seq.), (the "Act'), provides that Community Development Block Grant, ( "CDBG'), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended, authorized the Secretary of Housing and Urban Development, as a representative of the United States of America, to grant to Tulsa County funds and administrative responsibility for the Tulsa County CDBG Urban County program; and WHEREAS, a Cooperation Agreement between Tulsa County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2014 -2016; and, NOW THEREFORE, BE IT RESOLVED by the City Council that the City of Owasso desires to obtain assistance in addressing community development needs and hereby requests the Tulsa County CDBG Urban County program to provide assistance. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council that the City of Owasso affirms its commitment to take all action within its power to facilitate the receipt of the assistance of community development funds, and upon receipt to administer said grant by the rules and regulations established by the United States of America, the State of Oklahoma, Tulsa County and all empowered agencies thereof. ADOPTED this 7th day of April , 2015, at a (regularly or specially) scheduled meeting of the governing body, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001). Ms. Jeri Moberly. Mayor (Type) Name and Title of Chief Elected Official Sign re of Chief Elected Off@lial (S E eAH00 Atte t: Subscribed and sworn to b fore me n� f - 20 15 a, 64.01 E 1161h E I ON% St N i 58.08 Ax WAY PE 6v rhls map is provided Alftwh every effort 6 a 1 II �1 56.02 g i W 2. j , n mvice for I nkernalian der. ,e to pmdu 'lire most ourmnl, cormct 9, all geogr he mforrnatlon has Ame and utt rotahan 0r the mglnal -awme rlep Is .0118 6d train verve.. uvas Met 59i1 a ,herofere solace. You Iheinreimalion vidod is - and not ad or refrain tram elamapwhm indeprelongy venipng the Wadv,os, The burdenot 41Cae, IunB4 s of Mfarmalron rash, solely an 91j 2 IN -Mod Block Groups Upd and Owasso Corporate 1 2 1 1:04 2 q504,05 L n 1 Valley Pvk 11 t0 1 r` 503.04 2014 z 1 508.01 L f 6: ei 6 Y W \ 2 606.01 1 Legend City Owasso Corporate Limits 1 Percent Low -Mod 604�06 - —. M - Less than 51.00°/6 ® 51.00% or Greater ' Incorporated Places ((hNCOG1I— Census Tract 1 504.08, Source: 2006-2010 ACS Data, 2010 Cen s Geography . Boundary Dale: 9!712014 Sources: Earl. Lorme AVTEO USGS, Intennap, FC, NRCAN, Esri Ja an, METI, Esrl China (Hong Ko ),Esri"(Thailand), m7W, M3 City of Owassc Former CDBG Qualifying Areas and Past Projects Legend CDBGAM2Typo Fame,Ce0W5CWdPgaem F..,S.n¢ O0lfd Ness N W +E S 1 0.25 0.: enparnl p Dn+�w Cwnwu�150wn10pw pprtminl YEN 5.5013 swnei meoo.xuo sz 0111 Rk.- . . . . . . . . . . . . . . . . W. ALTERNATE Proposed 2015 CDBG FY2015 METRO CITY APPLICATION GUIDANCE Due date for this Application is March 20, 2015 The CDBG program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The purpose of this Application Guidance is to provide assistance in preparing a Community Development Block Grant- Metro City application for the FY2015 Tulsa County CDBG Urban County Program. Eligible Entities Cities included in the Tulsa County CDBG Urban County Metro City designation, the funding allocation to the city, and the percentage of low and moderate income population for each is listed below: Proposed Percentage Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierre Wincog.org National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 1 of 6 Allocation Low /Mod Amount Population Broken Arrow (infrast.) $369,450 24.60 Bixby $71,978 18.38 Jenks $44,009 18.81 Owasso $120,133 23.27 Sand Springs $70,035 28.97 Sapulpa $128,493 43.73 Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierre Wincog.org National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 1 of 6 • Provide benefit to low and moderate income persons. • Aid in the prevention or elimination of slums or blight. • Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. Most CDBG applicants qualify their project activities under the National Objective of benefit to low and moderate income persons. Applicants are cautioned that qualifying a project under slum or blight or urgent need is a difficult process that has very limited application and can only be used under special conditions and circumstances. Therefore, you are urged to qualify your proposal under benefit to low and moderate income persons. Applicants who qualify a proposal using slum and blight or urgent need must receive guidance and approval from 1NCOG. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living condition in a definable geographic target area where at least 51 % of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income beneficiaries. Application Criteria 1. No matching funds are required. 2. No administration expenses will be funded with CDBG funds. 3. Engineering is a permissible use of CDBG funds. 4. Income surreys of the project target area must be conducted. The use of Census Tract or Block Group data to document the percentage of low and moderate income beneficiaries for any CDBG funded activity should receive prior INCOG review and approval. 5. Applicants must hold an application phase Public Hearing informing citizens of the proposed project and submit documentation of the Public Hearing with this application. Notice must be given at least 7 days prior to the public hearing by publication in jurisdiction newspapers; or by posting at city halls. Acceptable documentation consists of the affidavit of publication or a copy of the newspaper article announcing the public hearing, or copy of certified posted notice. Tulsa County has prepared a Citizen Participation Plan on behalf of the Urban County communities; therefore, the individual community does not need to prepare a full Citizen Participation plan. Guidance Community Development Block Grant (CDBG) 2015 Tulsa County !Urban County Page 2 of 6 6. Specific projects identified in the application must have cost estimates derived from professional sources. Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel qualified to make such estimates. Use of Funds The CDBG Program funds a broad array of projects and activities including but not limited to the following: Water and wastewater system improvements • Solid waste • Fire protection • Streets Neighborhood Parks • Housing activities including construction, emergency repair, rehabilitation • Acquisition of real property for eligible public purposes • Clearance, demolition and removal of buildings and improvements Senior citizen centers Gas and electrical system improvements Removal of architectural barriers associated with handicapped areas Storm water drainage improvements Economic Development Social services- (City of Broken Arrow only) Guidance regarding eligibility requirements can be found in 24CFR 570.201 of the Federal Housing and Community Development Act of 1974, as amended. Proposal Guidance Applicants are encouraged to contact the staff persons listed below with questions regarding program requirements, project conceptualization, or any portion of the Application Packet and /or Guidelines. Claudia Brierre 579 -9431 Barbara Albritton 579 -9420 Steve Boettcher 579 -9453 Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 3 of 6 Section Two Required Application Documents 1. Application Summary This form contains information about the specific project and includes a certification from the local government attesting to the accuracy and completeness of the application. The certification form must be completed and signed by the chief elected official of the local government. 2. Line Item Budget (Application Form Attachment A) The description of project activities along with a budget (form provided as Attachment A) should be as specific as possible as they will form the basis of your contract. This Budget should match Professional Cost Estimates submitted with the application. 3. Direct Project Beneficiary Income Survey (Survey Summary Form Attachment B) Income surveys for each proposed CDBG funded activity are a requirement unless using census tract or block group data. Determination of project beneficiaries: City -wide- An activity which will serve the entire city (such as wastewater treatment), provided that the city has a low and moderate income percentage at or above 51 %. If the LMI percentage is below 51%, an income survey with a 75% response rate must be provided. Area benefit- An activity which benefits all the residents in a particular area where at least 51 percent of the residents are low and moderate income persons. Examples would include resurfacing of a collector street or construction of a fire department substation. Direct benefit- An activity which requires information on household size and income so that it is evident that at least 51 percent of the clientele are persons whose household income does not exceed the low and moderate income limit; or an activity which has income eligibility requirements which limit the activity exclusively to low and moderate income persons. Presumed benefit- Benefit a clientele that is generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit 51 percent low- and moderate - income persons: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 4 of 6 Guidelines to identify specific beneficiaries for various activities: • Water or Wastewater Line Replacement or Rehabilitation. Those households directly tapped to or receiving improved service from the lines. Generally, beneficiaries are considered those persons residing in houses who receive their water through new, replaced or upgraded lines, or houses that discharge sewage into or through an improved collection line or main en route to the treatment plant. • New Wastewater or Water Extensions to Previously Un -served Areas, The households /homes that will actually be connected to the wastewater or water line extensions. Service to newly - constructed subdivisions will not be funded due to environmental review requirements. • Flood and Drainage Improvements. Households /homes within the recognized drainage basin. • Fire Protection. Households /homes (buildings, vehicles and equipment) residing within the response area of the fire station; or using actual residential calls made by a fire station over the prior 12 month period, conduct a survey of those residences obtaining no less than 75% response rate. • Senior Citizen Centers and Community Centers. Households /homes within the designated service area of the proposed center. If there is only one center in the community, the service area can be considered to be the entire community. If there is more than one center, then the Applicant must delineate the service area of each center. Senior Citizen Centers are presumed to benefit low and moderate income persons. Demolition /Clearance /Removal of Junk and Debris and /or Abandoned Inoperative Vehicles. Households /homes within the geographic area designated to receive the focus of the demolition, clearance and/or removal activities. Typically, the properties located within the geographic area designated to receive the demolition /removal activities are considered to be beneficiaries. • Provision of Accessibility for the Handicapped to Public Buildings. The households /homes within the geographic area that receive services from the assisted public building(s). Providing handicapped access to a city hall would provide benefit to the households /homes in the entire city. Proposed handicapped access activities in connection with limited clientele facilities are presumed to benefit low and moderate income persons. • Street Improvements /Sidewalk Improvements. The households /homes that have at least one property line abutting the improvement. Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 5 of 6 4. Identification of Other Project Funding Sources (Application Form Attachment C) Match and leverage are not required for the grant, but should be identified if applicable to the project. 5. Certified Engineering Reports and Professional Cost Estimates (Application Form Attachment D) Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For projects not requiring DEQ permits, professional cost estimates must be derived from architects, engineers, vendors, construction companies, or appropriate personnel to make such estimates, and submitted with the application. 6. Applicant Resolution (Application Form Attachment E) Applications must include a Resolution passed by the governing body requesting CDBG assistance from the Tulsa County Urban County program. A sample Resolution is provided as Attachment E of the application. Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 6 of 6 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION Required Documents (Metro Cities and Competitive Category) ✓ W -9 Form ✓ Documentation of Current Registration in SAM ✓ Public Hearing Documentation: Affidavit of publication or certified posted notice. ✓ Application Summary Page which includes • Project Title • Detailed Project Description • Map with target area and Census Tract/BG clearly marked • Number of population served • Census Tract(s) and Block Groups(s) identified ✓ Application Certification ✓ Attachment A: Line Item Budget ✓ Attachment B: Income Survey Summary Form • Completed form if Income Survey • LM Percentage ( %) if using CT /BG data ✓ Attachment C: Other Project Funding Sources ✓ Attachment D: Certified Professional Cost Estimates /Engineering Report ✓ Attachment E: Resolution Additional Documents Required of Competitive Category Applications ✓ ORANGE Competitive Bid Envelope from Tulsa County ✓ Affidavit for Filing with Competitive Bid form ✓ Health and Safety/Impact Documentation • Legal Enforceable order • Demonstrated Health and Safety Benefits documentation • Capital Improvements Plan or Long -Range Plan citation ✓ Project Timeline Application Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 1 of 2 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FY2015 FUNDS 1. Name of Unit of Local Government City of Owasso Mailing Address PO Box 180 Physical Address 111 N. Main Owasso, OK Zip Code +4 74055 -0180 Phone Number 918.376.1515 Fax # 918.376.1597 FEW 73- 6069613 DUNS 736069613 Chief Elected Official Mayor Jeri Moberly Clerk Ms. Sherry BishoD 2. Name of Staff Contact Karl Fritschen, AICP Phone Number 918.376.1545 E -mail kf(dschenOcityofowasso.com 3. Project Title, Detailed Description of Project (Attach additional detail as needed. Provide Map) The project for the 2015/16 CDBG funding cycle is the construction of a new 6' wide sidewalk along N. 127th E. Ave. in the Baptist Retirement Village development. The sidewalk will serve to connect the new children home with points to the south and will be approximately 1065 linear feet in length. 4. Number of population served x Census Tract/Block Group # ❑ Household Income Survey 5 Project Budget Summary: CDBG Funds Other Sources Total Application Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 2 of 2 Approx. 900 58.05 BG 3 $ $106,905 WJ $ 106,905 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION CERTIFICATION The Applicant hereby certifies that all of the information contained in this application for community development assistance through the Tulsa County CDBG Urban County Program is true and accurate to the best of my knowledge and that all documentation supporting the information in this application is on file in the official offices of this unit of local government, available for review by Tulsa County /HUD during normal business hours. The Applicant also affirms that none of the activities set forth in this application have been initiated, nor shall they be initiated unless a grant has been awarded, a contract fully executed, and notice has been issued by Tulsa County that release of funds requirements have been met. Jeri Moberly. Mayor gh I I b- (Type) Name and Title of Chief Elected Official Date x [S E A LO��Y OF OAk Sign re of Chief Elected fficial s N OFFICIgI, O State of Oklahoma SAL County of 7ukzc Attest: ok(AHC Subscribed and swor bgfore me hj. r't .205 Clerk Application Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 3 of 2 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2015 TULSA COUNTY URBAN COUNTY BUDGET Name of Applicant ATTACHMENT A Itemized Description of Funding Source Funding Source Funding Source Total Project Construction Activity CDBG Grant City Other Expenditures Construction of a 6' wide sidewalk $106,905.00 along N. 127th E. Ave. Total Construction Activity $106,905 Professional & Non Construction Engineering /Architect Funds Inspection Funds Other: Survey Other: Publishing Total Professional & Non Const. $ Administrative Costs Public Administrative Funds $ - - - - - -- Direct Administrative Funds $ - - - - -- Total Administrative Costs $0.00 Total Project Costs $106,905.00 $106,905.00 2015 Tulsa County CDBG Urban County If additional is space needed, attach additional sheets) Budget Activity Name: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM ATTACHMENT B ,eer_n ennnn rue unt iCCUnI n BI IRVPY IM PACH APPROPRIATE COLUMN COMPLETE THIS SECTION BY PLACINti Insert County Income Levels 1 Ht 1 u I $33,150 $37,900 $42,650 �� � --- • •� $47,350 • •��� -• •_ -- -- $51,150 • -- - - -- - $54,950 - $58,750 $62,550 Number of People in Each Household 1 2 3 4 5 6 7 8 Below or Above the County Income Levels Below Above Below Above Below Above Below Above Below Above Below Above Below Above Below Above 10 i 3 0 Total Number Of Households - __ - -- 1 O[a1 NUMDer 07 UG UPIBU nuwcl Iu-uarnvuma u. ncu.,q , ".... .... - Total Number of Persons in Activity Target Area = Total Number of Occupied Households7Homes Surveyed in Activity Target Area = Total Number of Persons Accounted for by the Survey in the Activity Target Area = Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = 1 hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate: City-wide Low and Moderate Income Level (For use only when projects are of City -wide benefit.) Signature of Chief Executive Official [Sea[] Subscribed and sworn to before me Commission Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Beneficiary Income Survey Summary - Attachment B Date 20 J My commission expires Clerk /Notary Signature HUD Census Data for Low and Moderate Income Level for Block Groups, Enumeration Districts or Census Tracts as Provided by HUD (For use only when a project's target area boundaries are identical to BG, ED or Tracts) % 20 Attachment C COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if any (loans, grants, etc.) provide commitment letters. Agency I Purpose I Amount Present Status Comment Other sources and amount of project financing including applicant's local contribution, if any. Agency Purpose Amount Present Status Comment WN Chief Elected Signature Other Funding Sources — Attachment C Community Development Block Grant 2015 Tulsa County Urban County Page I of I Date ATTACHMENT ID COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2015 TULSA COUNTY URBAN COUNTY Attach Certified Professional Cost Estimates /Engineering Report (where applicable) The estimated cost for the project has been prepared by the Engineering Division of the Owasso Public Works Department. At this time the project is estimated to cost $$102,672.53 with the alternate. The Cit out Limits. Y Wit APPROVED arCOIJIVCIL TO: The Honorable Mayor and City Council AN Z(li5 City of Owasso FROM: Karl A. Fritschen Chief Urban and Long Range Planner SUBJECT: Community Development Block Grant (CDBG 15116) Resolution 2015 -05 DATE: April 3, 2015 BACKGROUND: As a member of the Tulsa Urban County Community Development Block Grant {CDBG) program, the City of Owasso is eligible to apply for CDBG funds for 2015/16. The application is made through Indian Nation Council of Governments ( INCOG), the local agency responsible for approval of projects and distribution of funds. The primary national objective of the CDBG Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes:' All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following national objectives: ➢ Provide benefit to low and moderate income persons Aid in the prevention or elimination of slums or blight 9 Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community On February 17, 2015, INCOG provided staff with information regarding the 2015 -16 CDBG application cycle. INCOG indicated they need a completed application, which includes a public hearing, resolution and cooperation agreement no later than April 16, 2015. There have also been some significant changes to the CDBG program and in particular with Owasso's qualifying area. CHANGES TO THE QUALIFIED AREA: In 2014, the census tracts in Owasso and across the country were re- evaluated based on new income limit information provided by the Department of Housing and Urban Development (HUD), who administers the CDBG funding program. As a result of these changes, the City of Owasso lost a significant amount of area that formerly qualified under the old income limits. What this means is that the city can only spend its CDBG allocation in these newly mapped areas (see attached map), unless targeted areas are identified through Individual income surveys. To qualify for CDBG funding under the national objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living conditions in a definable geographic target area where at least 51% of the occupied households are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by HUD. HUD defines this as a family of three having a total household income of $42,650 or lessor a family of four having a household income of $47,650. The old limits were $43,500 and $48,300 respectively. A door to door survey was conducted about 3 years ago to qualify the area north of City Hall and adjacent to Rayola Park. At that time, based on the old income limits, these areas qualified. Staff inquired to INCOG about continuing to utilize this survey information, and was told that we could. However, upon reviewing the survey data, it was determined that these areas no longer qualified under the new income limits. As a result, CDBG funds can no longer be spent in these areas unless a new survey is conducted. Due to limited time available for this year's funding cycle and application deadline, performing a survey and compiling the data is not possible. INCOG has informed staff that Owasso will receive around $106,905 for the 2015/16 CDBG allocation. However, this number may increase slightly. as INCOG is disputing some demographic information from HUD. PAST CDBG PROJECTS: In the past, Owasso has utilized CDBG monies for making sidewalk, sanitary sewer, and park improvements. In 2011/12, the project selected was a major upgrade to the skate park, a project that has provided recreational opportunities for Owasso's youth. For 2012/13, the project selected was repair and rehabilitation to sidewalks, curbs, and gutter in the qualifying area. The 2013/14 funds were used to upgrade playground equipment at Rayola Park. In 2014115, the funds are being used to build a wide sidewalk connecting Rayola Park with N 81h Street and then sidewalk repairs along N. Elm Street. A map has been attached with this memo indicating post CDBG projects within the former qualifying area geography. RECOMMENDED PROJECT: Staff has developed a recommended project for the utilization of the 2015/16 CDBG funds. The qualifying area has been reduced significantly leaving only areas near Baptist Retirement Village, Keys Landing, and the Police Gun Range available. Therefore, the selected project for 2015/16 funding cycle is a sidewalk improvement in the Baptist Retirement Village development, specifically along N 1271h E Avenue. This project will provide a sidewalk along the east side of N 127th E Avenue connecting the new children's home with points to the south. Staff believes that installation of the new sidewalks will provide quality of life improvements and provide more equitable access to citizens in the qualifying area. Staff would utilize City of Owasso engineers for the design of the project, providing a major cost savings. A map has been provided with this memo indicating the general location of the proposed improvements PUBLIC HEARING: When a CDBG project is in the application phase, a public hearing is required allowing citizens to comment concerning the recommended project or suggest another project they feel should be considered. A public hearing is being held at the April 7, 2015 City Council Meeting in conjunction with the project selection and execution of the CDBG application. RECOMMENDED ACTION: Staff recommends approval of Resolution 2015 -05, requesting assistance from the Tulsa County CDBG Urban County Program and approval of the application identifying a sidewalk facility along N. 1271h E. Ave. as the preferred project for the 2015116 funding cycle and authorizes the Mayor to execute the necessary documents. ATTACHMENTS: CDBG Application with Resolution 2015 -05 Map -- CDBG Qualifying Areas (Low -Mod Block Groups Updated 2014) Map -- Former CDBG Qualifying Areas and Post Projects Map - Map showing Proposed CDBG Project O—T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: 2016 Golf Course Dam Repair Project Construction Contract Bid Award DATE: July 8, 2016 BACKGROUND: The City of Owasso Bailey Golf Course was designed and constructed in the 1990's. On hole #3, there are two ponds separated by an earthen dam. The two ponds are used for irrigation, detention and act as a water hazard on the course. The original plans show that the original project intended to have a concrete retaining wall /concrete weir between the two ponds to control water level. However, an earthen berm was constructed, assuming to reduce costs. Over the last few years, the overflow from the north pond to the south pond has eroded the pond berm. Staff has tried to repair the erosion by filling the void with concrete, rocks and soil. As the hole has grown larger over the years, the ability for the pond to detain and hold enough water for irrigation has been diminished. Golf course staff and Engineering have designed a project to cut the berm down, construct a retaining wall with discharge weir and reconstruct the berm. The project will control the flow of the water between the ponds and allow for more storage and detention downstream. ADVERTISING FOR BIDS: Advertisements for bids were published on May 25 and June 1, 2016, in accordance with state law and a mandatory pre -bid meeting was held at City Hall on June 15, 2016 with six (6) contractors in attendance. The bid opening was held on June 28, 2016, at City Hall. BID OPENING: Two (2) bidders submitted bids on this project. The bid results are included in the following Table: Bidder Base Bid Add. Alternate Total Base Bid +Add Alt. Lowery Construction $87,049.00 $44,014.00 $137,699.00 Earth Smart Construction $96,500.00 $89,120.00 $197,965.00 Engineer's Estimate $75,000.00 $50,000.00 $125,000.00 The low bidder was Lowery Construction, Tulsa, Oklahoma, The Base Bid is higher than the engineering estimate and budget of $75,000.00, but the stormwater fund has the available funds to complete this project. FUNDING: Funds are available in the Stormwater Fund. PROPOSED ACTION: An item has been included on the July 12 Council Work Session in order to discuss the bids for this project. Unless Council members express concern, staff will recommend contract award of the Base Bid to Lowery Construction in the amount of $87,049.00. . ATTACHMENT: General Location Map and Location Map nTiiy Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones, Finance Director SUBJECT: Proposed Utility Rate Increases DATE: July 8, 2016 BACKGROUND: The Owasso Public Works Authority provides water, sewer, and refuse for the City of Owasso. While the cost of providing service has increased annually, the stormwater and refuse rates charged to customers have not increased since 2010 and 2012, respectively. Increased costs such as labor and capital have not been recovered by the City. As a result, on an accrual basis, the Owasso Public Works Authority lost $1.7 million in operations last fiscal year. In order for the City to begin the process of recovering increased costs, staff proposes effective October 1, 2016, a five -year plan to increase rates in water, sewer, stormwater, and refuse. In developing a recommendation, information was gathered from surrounding cities. See the attached document labeled "Comparison of Utility Rates." Owasso's proposed rates fall in the middle in comparison to neighboring cities. As was communicated to Council in May, increased revenues from the proposed 2016 rate increase were incorporated into the FY17 Budget. The FY17 proposed rate increases are outlined below. For details of the entire five -year proposal, see the attached document labeled "Utility Rate Proposal." OWASSO PUBLIC WORKS AUTHORITY N11114(1 Increase water rates by 44 cents per thousand gallons per year for five years. Keep water meter rates flat in 2016, and increase by 22 cents per month, per year beginning October 1, 2017. This increase would equate to a 5.9% increase in year one down to 5.1 % in year five. The additional revenue built into the FY17 Budget due to the proposed rate increase was $194,400. SEWER Increase sewer rates for residents by 5% per year for five years. Increase non- resident rates by 10% per year until reaching 120% of residential rates in year five. The additional revenue built into the FY17 Budget due to the proposed rate increase was $160,000. REFUSE Increase monthly refuse rates by $1 for both residential and commercial on October 1, 2016, and by 50 cents each year in the subsequent four years. The additional revenue built into the FY17 Budget due to the proposed rate increase was $100,500. STORMWATER FUND Increase monthly stormwater rates by 50 cents per month each October 1 for residential and by 75 cents per ESU per month each October 1 for commercial. The additional revenue built into the FYI Budget due to the proposed rate increase was $111,800. Note that the $454,900 increase in revenues in the OPWA fund does not balance the budget in the first year but over a three -year period. The five -year plan is also designed to address anticipated cost increases such as renovation of the Wastewater Treatment Plant. See the attached document entitled "Past and Future Utility Cost Increases." ATTACHMENTS: Comparison of Utility Rates Utility Rate Proposal Past and Future Utility Cost Increases 0WOFOWASSO COMPARISON OF UTILITY RATES 0'.WL CITY\C uncilMeetingDO s \2016.071u1y \07.12 \OPWA_US rates \OPWA -Utility Rates Comparison Owasso Owasso Proposed Broken Rogers Washington 101.15 10.1 -16 Bixby Arrow Collinsville Jenks Sands rin s RWD3 Tulsa RWD3 Effective Date 10/1/2015 Cument Current 11/1/2015 5/1/2016 5/112016 10/1/2015 4/15/2015 Water Rates- Inside City Use for 3/4" Meter 11.94 11.94 14.72 7.70 11.12 13.29 10.87 18.50 5.51 18.00 0- 1,OOOga11ons - 4.00 4.15 - - 3.25 3.64 3.40 1,001 -2,000 5.46 5.90 6.97 4.00 4.15 5.41 5.62 3.25 3.64 3.40 2,001 -3,000 5.51 5.95 6.97 4.00 4.15 5.46 5.62 3.25 3.64 3.40 3,0014,000 5.51 5.95 6.97 4.00 4.15 5.61 5.62 3.25 3.64 3.40 4,001 -5,000 5.51 5.95 6.97 4.00 4.15 5.90 5.62 3.25 3.64 3.40 5,001 -6,000 5.56 6.00 6.97 4.00 4.15 6.25 5.62 4.25 3.64 3.40 6,001 -2,000 5.56 6.00 6.97 4A0 4.15 6.25 5.62 4.25 3.64 3.40 Total monthly water cost for average residential at 2,000 gallons 45.05 47.69 56.54 35.20 40.22 48.12 44.59 43.25 30.98 41.80 7.3% 5.9% Water Rates -00mode City 9.00 Base for 3/4' Meter 14.33 14.33 24.85 8.55 11.17 13.29 23.34 2.82 0.1,000 gallons 6.97 4.66 8.30 - - 5.23 1,001 -2,000 6.55 7.08 6.97 4.66 8.30 5.41 - 5.23 2,001 -3,000 6.61 2.14 6.97 4.66 8.30 5.46 - 513 3,Wl-4,000 6.61 7.14 6.97 4.66 8.30 5.61 11.23 5.23 4,001 -5,000 6.61 7.14 6.97 4.66 8.30 5.90 11.23 5.23 5,001 -6,000 6.67 2.20 6.97 4.66 8.30 6.25 11.23 5.23 6,001 -7,000 6.67 7.20 6.97 4.66 8.30 6.25 1123 5.23 Tod] monthly water cost for average modentlal at 7,000 gallons 54.05 57.23 82.64 41.17 69.22 48.17 68.26 44.45 7.4% 5.9% Sewer Rates -Residential Base 7.47 7.84 9.35 7.50 8.59 5.73 11.03 N/A 0.3,000 gallons 3.25 3.41 3.95 2.67 2.79 1.86 - 6.15 1,001 -2,000 3.25 3.41 3.95 2.62 2.79 2.03 5.79 6.15 2,001.3,000 3.25 3.41 3.95 2.67 2.79 2.18 5.79 6.15 3,0014,000 3.25 3.41 3.95 2.67 2.29 2.18 5.79 6.15 4,001 -5,000 3.25 3.41 3.95 2.67 2.79 2.18 5.79 6.15 Total sewer for average residential at 5,000 gallons 23.72 24.91 29.10 20.85 22.54 16.16 34.19 30.75 9.2% 5.0% Sewer Rates - Commercial Base 2.47 7.84 9.35 7.50 8.59 573 11.03 N/A 0- 1,000,11cas 125 3.41 4.15 2.91 2.79 1.86 - 6.15 1,001 -2,000 3.25 3.41 4.15 2.91 2.79 2.03 5.42 6.15 2,001 -3,000 3.25 3.41 4.15 2.91 2.79 2.18 5.42 6.15 3,001 -4,000 3.25 3.41 an 2.91 2.79 2.18 5.42 6.15 4,001 -5,000 3.25 3.41 4.15 2.91 2.79 2.18 5.42 6.15 Total sewer for average residential at 5,00Dgahons 23.72 24.91 3011 22.05 22.54 16.16 32.71 30.75 9.2% 5.0% Sewer Rates Outside City - Residential Base 7.47 822 8.10 8.59 573 22.07 N/A 0 -3,000 gallons 3.25 3.58 3.16 5.58 1.86 - 6.15 1,001 -2,000 125 3.58 3.16 5.53 2.03 - 6.15 2,001.3,000 3.25 158 3.16 5.58 2.18 - 6.15 3,001-4,000 3.25 3.58 3.16 538 2.18 11.59 6.15 4,001 -5,000 3.25 3.58 3.16 5.58 2.1B 11.59 6.15 Total sewer foraverzge residential at 5,000gailons 23.72 26.09 23.90 36.49 16.16 45.25 30.75 9.2% 10.0% Sewer Rates Outside City - Commercial Base 7.47 8.22 8.10 8.59 5.73 22.06 N/A 0- I,000galions 3.25 3.58 3.32 5.58 1.86 - 6.15 1,001 -2,000 3.25 3.58 3.32 5.58 2.03 - 6.15 2,001 -3,000 3.25 3.58 3.32 5.58 2.18 - 6.15 3,0014,000 3.25 3.58 3.32 5.58 2.18 11.59 6.15 4,0015,000 3.25 3.58 332 558 2.18 11.59 6.15 Total sewer foraverzge residential at 5,000 gallons 23.72 26.09 24.70 36.49 16.16 45.24 30.75 9.2% 10.0% Administrative Fee N/A N/A N/A 2.50 N/A N/A N/A 5tormwater Rates Residential (per month) 3.00 3.50 4.00 5.01 2.00 2.00 5.30 6.45 Commercial(per..mth) 2.50 3.25 4.00 5.01/unit 3.00 2.00 5.30 6.45 Industrial (per month) 2.50 3.25 4,00 5.01 /unit 4.00 2100 5.30 6.45 Refuse Rates Residential (per cart) 13.95 14.95 14.00 15.50 13.95 12.60 18.83 15.42 Second polycart Multi.family(Per cart) 13.95 14.95 15.50 N/A N/A N/A N/A Commercial (per cart) 15.95 16.95 N/A 21.60 N/A 17.51 Varies Inside City Residential total $ 85.72 $ 91.05 $ 103.64 $ 27.06 $ 28.71 $ 78.93 $ 102.91 $ 83.60 Increase percent 6.3% 62% Increase per month $ 5.08 $ 5.33 0'.WL CITY\C uncilMeetingDO s \2016.071u1y \07.12 \OPWA_US rates \OPWA -Utility Rates Comparison Effective Date Water Rates - Inside City Base for 3/4" Meter 0 -1,000 gallons 1,001 -2,000 2,001 -3,000 3,001 -0,000 4,001 -5,000 5,001 -6,000 6,0014,000 Total monthly water cost for average residential at 7,000 gallons Water Rates- Outside City Base for 3/4" Meter 0 -1,000 gallons 1,01 -2,000 2,001 -3,000 3,001 -0,000 4,001 -5,000 5,001 -6,000 6,001 -7,000 Total monthly water cost foraverage residential at 7,000 gallons CITY OF OWASSO UTILITY RATE PROPOSAL Owasso Owasso Owasso Owasso Owasso Owasso Proposed Proposed Proposed Proposed Proposed 10 -1 -35 30 -1 -16 104-17 10.1 -18 10 -1 -19 10 -1 -20 11.94 11.94 12.16 12.38 12.60 12.82 5.46 5.90 6.34 6.78 7.22 7.66 5.51 5.95 6.39 6.83 727 7.71 5.51 5.95 6.39 6.83 7.27 7.71 5.51 5.95 6.39 6.83 7.27 7.71 5.56 6.00 6.44 6.88 7.32 7.76 5.56 6.00 6.44 6.88 7.32 7.76 45.05 47.69 50.55 53.41 56.27 59.13 7.3% 5.9% 6.0',6 5.7% 5.4% 5.1% 14.33 14.33 14.59 14.86 15.12 15.38 6.55 7.08 7.61 8.14 8.66 9.19 6.61 7.14 7.67 8.20 8.72 9.25 6.61 7.14 7.67 8.20 8.72 9.25 6.61 7.14 7.67 8.20 8.72 9.25 6.67 7.20 7.73 8.26 8.78 9.31 6.67 7.20 7.73 8.26 8.79 9.32 54.05 57.23 60.66 64.10 67.53 70.96 7.4% 5.9% 6.0% 5.7% 5.414 5.1% Sewer Rates - Residential Base 7.47 7.84 8.24 8.65 9.08 9.53 0.1,000gallons 3.25 3.41 3.58 3.76 3.95 4.15 1,001 -2,000 3.25 3.41 3.58 3.76 3.95 4.15 2,001 -3,000 3.25 3.41 3.58 3.76 3.95 4.15 3,0014,000 3.25 3.41 3.58 3.76 3195 4.15 4,001 -5,000 3.25 3.41 3.58 3.76 3.95 4.15 Total sewer for average residential at 5,000 gallons 23.72 24.91 26.15 27.46 28.83 30.27 9.2% 5.0% 5.0',6 5.0% 5.0% 5.0% Sewer Rates - Commercial Base 7.47 7.84 8.24 8.65 9.08 9.53 0.1,000gallons 3.25 3.41 3.58 3.76 3.95 4.15 11001 -21000 3.25 3.41 3.58 3.76 3.95 4.15 2,001 -3,000 3.25 3.41 3.58 3.76 3.95 4.15 3,001 4,000 3.25 3.41 3.58 3.76 3.95 4.15 4,001 -5,000 3.25 3.41 3.58 3.76 3.95 -. 4.15 Total sewer for average residential at 5,000 gallons 23.72 24.91 26.15 27.46 28.83 30.27 9.2% 5.016 5.0% 5.01A 5.0% 5.0% Sewer Rates Outside City - Residential Base 7.47 8.22 9.04 9.94 10.94 11.44 0 -1,000 gallons 3.25 3.58 3.93 4.33 4.76 4.98 1,001 -2,000 3.25 3.58 3.93 4.33 4.76 4.98 2,001 -3,000 3.25 3.58 3.93 4.33 4.76 4.98 3,001 4,000 3.25 3.58 3.93 4.33 4.76 4.98 4,001 -5,000 3.25 3.58 3.93 4.33 4.76 4.98 Total Sewer for average residential at 5,000 gallons 23.72 26.09 28.70 31.57 34.73 36.33 9.2% 10.0% 10.0% 10.0% 10.0% 4.6 -A Sewer Rates Outside City - Commercial Base 7.47 8.22 9.04 9.94 10.94 11.44 0- 1,000gallons 125 3.58 3.93 4.33 4.76 4.98 1,001 -2,000 3.25 3.58 3.93 4.33 4.76 4.98 2,001 -3,000 3.25 3.58 3.93 4.33 4.76 4.98 3,001-4,000 3.25 3.58 3.93 4.33 4.76 4.98 4,001 -5,000 3.25 3.58 3.93 4.33 4.76 4.98 Total sewer for average residential at 5,000 gallons 23.72 26.09 28.70 31.57 34.73 36.33 9.2% 10.016 10.0% 10.0% 10.016 4.6% Administrative Fee N/A N/A N/A N/A N/A N/A Stormwater Rates Residential (per month) 3.00 3.50 4.00 4.50 5.00 5.50 Commercial (per month) 2.50 3.25 4.00 4.75 5.50 6.25 Industrial (per month) 2.50 3.25 4.00 4.75 5.50 6.25 Refuse Rates Residential (per carts 13.95 14.95 15.45 15.95 16.45 16.95 Second polycart Multi - family per cart) 13.95 14.95 15.45 15.95 16.45 16.95 Commercial (per cart) 15.95 16.95 17.45 17.95 18.45 18.95 Inside City Residential total Increase percent Increase per month $85.72 $ 91.05 $ 96.15 $ 101.32 $ 106.55 $ 111.85 6.3% 6.2% 5.6% 5.4% 52% 5.016 $ 5.08 $ 5.33 $ 5.11 $ 5.17 $ 5.23 $ 5.30 O.\ ALL_ CITY \COUncilMaettngDOts \2016.07 July \07,12 \OPWA UB rates \OPWA Utility Rates Comparison PAST AND FUTURE UTILITY COST INCREASES Past OPWA Utility Cost Increases Material Cost Increases: ✓ Since 2005, water and wastewater materials have increased annually by approximately 12 %. The main reason is due to energy demands to produce PVC materials such as 6" PVC pipe which has increased in cost from $1 per linear foot to $6. Furthermore, plastic meter cans have increased from $32 to $48 per can over the last 6 years. ✓ In February 2014, Senate Bill 3874 was passed which eliminated any use of lead material in any of the brass materials used in a public or private potable water system. As a result, material made out of brass such as water meters, setters, corp stops, tapping saddles and fire hydrants increased in cost by 40 %. For example, a fire hydrant assembly cost was $1,500 six years ago. Today, the total cost for the same material is $2,600. Another example, a simple 2" isolation valve cost $190 in 2010. The cost now is $265. Infrastructure Improvements Completed: ✓ In 2005, Wastewater Masterplan was updated and adopted by City Council. Within the plan, infrastructure improvements were recommended for the WWTP, Ranch Creek Interceptor, Santa Fe Lift Station and Force Main, North 1 17th E Ave Pump Station and Meadowcrest Relief Line by 2015. Such improvements have been completed with a cost of over $20 million. OPWA Future Needs Infrastructure Improvements: ✓ Based on current loading and Wastewater Masterplan recommendations, W WTP needs additional upgrades by 2020. Estimated cost for the next phase of construction is $10 million. ✓ Per masterplan recommendations, the collection system within several subdivisions is in need of replacement due to age, condition and capacity restriction. Over the next 10 years, OPWA needs to reinvest approximately $23 million. ✓ Per the 2016 Water Distribution Model, the water distribution system needs upgrades in several different locations in order to continue to provide adequate water pressure, volume and water quality. Over the next 10 years, OPWA needs to reinvest approximately $2.5 million. Equipment Needs: ✓ OPWA funds equipment for the following divisions: Water Distribution, Wastewater Collection, Wastewater Treatment Plan, Recycle Center, Refuse, Maintenance and Wastewater Treatment Plant. Over the next 5- years, staff projects approximately $2.5 million in equipment cost in order to continue to provide quality service to the citizens of Owasso. Such equipment includes: backhoes, trackhoes, service vehicles, refuse trucks and dump trucks etc. Personnel Needs: ✓ Over the next 5- years, OPWA proposes to increase staff by 4 employees. • Recycle Center- 1 New Full -Time Employee • Wastewater Collection - 1 New -Full Time Employee • Maintenance - 1 New Full -Time Employee • Water Distribution - 1 New Full -Time Employee Total annual cost for the 4 -new employees would be approximately $172,000. Current and Future Stormwater Needs Infrastructure Improvements: ✓ FY 2016 Stormwater Fund generated approximately $710,000. Currently, the revenue assists with stormwater operations, equipment, personnel and small Stormwater infrastructure improvements. • Annual Average Operating Cost: $585,000 (cost excludes projects) ✓ Currently, Stormwater projects that cost more than approximately $300,000 typically are funded through the CIP fund due to the amount of revenue generated from the Stormwater fee. Below are some examples: • Brookfield Crossing • Sports Park Regional Detention Facility • Lakeridge /Central Park Channel Improvements • Rayola Detention /Trib. 5A Improvements ✓ Per the 2005 Stormwater Masterplan, the remaining projects in need of repair total approximately $20 million. Equipment Needs: ✓ Over the next 5 years, staff projects approximately $185,000 in equipment cost in order to continue to provide quality service to the citizens of Owasso. Personnel Needs: ✓ Over the next 5 years, Stormwater Division proposes to increase staff by 2 employees. Annual estimated cost is $80,000. The City Wif lout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Contract with Center for Economic Development Law DATE: July 8, 2016 Economic Development Director Chelsea Levo, Community Development Director Bronce Stephenson, Assistant City Manager Sherry Bishop and City Attorney Julie Lombardi recently met with the Center for Economic Development Law (CEDL) of Oklahoma City to discuss utilizing their services and expertise for developing an incentive district for the development of downtown Owasso. With prospective new development in the downtown area after many years of disinvestment, creative incentives would further attract and encourage new development. Looking at examples of successful development of downtown areas in Stillwater, Oklahoma City, Broken Arrow, Tulsa and many others, has shown that these areas have only developed through the introduction of incentives that attract new development. Adding new construction that would command rents of $20 per square foot or more to an area that currently pays only $8 per square foot is not feasible or sustainable unless enough development can be attracted to create major change in the area. The most effective way to sustainably create place and economic change in an area is with public - private partnerships. In areas that will typically not develop or are older blighted areas, redevelopment is dependent on assistance from the public sector. As Owasso's Redbud District is on the cusp of redevelopment, with potential developers putting together plans for proposed new construction, the creation of an incentive district increases the options for making the downtown revitalization a success. At this early stage, the creation of a Tax Increment Financing (TIF) District would provide the most benefit to a successful redevelopment of Owasso's downtown. TIF Districts have been successfully utilized in transforming areas with economic development opportunities in areas such as El Reno, Ardmore, Norman, Lawton, Enid, Midwest City, Oklahoma City, Tulsa, Broken Arrow and numerous other communities across the State. Staff recommends utilizing the skills of an outside firm with experience and expertise in redevelopment and incentive districts. A proposed engagement letter with the Center for Economic Development Law is attached. A contract will be brought before the Council at the July 19 regular meeting. Representatives of the firm will attend the August Council work session to present and answer questions. PLANNING COMMISSION: Staff will introduce this item at their meeting on July 11, 2016 ATTACHMENTS: CEDL Firm Brochure Considerations and Procedure for Creating a Tax Increment Finance District (CEDL) Engagement Letter with CEDL Tax Increment Financing: An Introduction 3 4 301 NORTH HARVEY, SUITE 100 OKLAHOMA CITY, OKLAHOMA 73102 -3421 PHONE (405) 232 -4606 FAX (405) 232 -5010 W w w.econ law.COm The Center for Economic Development Law is a private law firm that provides legal services for development and redevelopment activities that involve state and local governing bodies and related public entities. Established in 1979 by Dan Batchelor, the firm offers extensive legal services in the creation of legal and financial strategies for economic and community development projects, as well as business location and expansion projects. The firm primarily advises public entities on public- private development and business incentives available in particular localities. In towns and counties around the state, the firms expertise assists city attorneys and local counsel on specialized economic development matters. Much of the firm's recent work involves economic development projects that utilize tax increment financing (TIF) through the preparation of project plans, assistance with public hearings, and negotiation of development agreements, but the firm also has extensive experience representing clients in public master planning activities, public contracting, real estate transactions, environmental issues, Land use /zoning, and a variety of related litigation matters. The attornevs at time Center for Economic Development Lacy have experience with public - sector legal issues and with projects requiring close coordination between the public and private sectors. Members of the firm value their relationships with clients and are committed to the highest ethical and professional standards. They particularly enjoy the opportunity to assist clients in beneficial projects for their communities. The Center for Economic Development Law's legal team is led by its President Leslie Batchelor, and is supported by Chairman Dan Batchelor, Senior Attorneys Emily Pomeroy and Lisa Harden, Attorney Jeff Sabin, and Senior Of Counsel Attorney John C. McMurry. The legal team is augmented by full -time legal assistants and support staff. CENTER FOR ECONOMIC DEVELOPMENT LAW, PLLC ATTORNEY BIOGRAPHIES DAN BATCHELOR brings forty years of experience to the creation of legal and financial strategies that enable communities to execute development projects, especially those involving both private and public sectors. As general counsel of the Oklahoma City Urban Renewal Authority since 1966, Dan has provided legal guidance for more than $1 billion in the development and expansion of downtown Oklahoma City and the Oklahoma Health Center. He has been instrumental in developing legal and financial strategies for development of the Presbyterian Health Foundation Research Park (now the OU BioTech Research Park). His expertise has enabled him to assist communities throughout Oklahoma in creating financing strategies for economic development projects of all types and sizes. Dan was a primary architect of the tax increment financing provisions of Oklahoma's 1992 Local Development Act. He has served as development counsel for the Oklahoma City Downtown/MAPS Economic Development Project; the Oklahoma Health Center Economic Development Project; the Durant - Cardinal Economic Development Project; and the Guymon - Seaboard Economic Development Project. Earlier, he worked on redevelopment projects for the central business districts of Green Bay and Stevens Point, Wisconsin. His education and related credits include: a BS degree with honors, Southeastern Oklahoma State University, 1958; University of Oklahoma College of Law, 1961; President of the American Law Student Association (designated Outstanding Officer for the years 1956 -61); Board of Editors, Oklahoma Law Review; Order of the Coif; Outstanding Graduating Law Student of 1961; named Law Graduate of the Year 1961 by the Phi Delta Phi International Legal Fraternity; and member of Oklahoma's national moot court team which won first place in the region and second place in the nation in both 1959 and 1960. Dan currently serves as a Director of FNB Financial Services, Inc., the holding company for The First National Bank in Durant and First Texoma Bank in Sherman, Texas; secretary- treasurer and board member for the Native American Cultural and Educational Authority, a state agency; and board member of A Chance to Change Foundation, a private, non -profit service organization. LESLIE V. BATCHELOR is president of the firm and manages a wide variety of redevelopment, financing, and litigation matters. Leslie's practice encompasses local government law and public - private development projects of all types and sizes. She is nationally recognized for her expertise in public - private partnerships, tax increment financing techniques, and other redevelopment and strategies. Representative projects include the restoration and reopening of the historic Skirvin Hotel, creation of the Dell Business Center on a former brownfield along the Oklahoma River, and formulation of Oklahoma City's Core to Shore Urban Renewal Plan. Leslie is an experienced litigator. She represents public entities in claims arising from financing and development activities. She defends taxpayer and qui tam actions, and litigates claims involving land use and eminent domain. Leslie serves as the City Attorney for the City of The Village and as development counsel to several local development authorities, including the Yukon Economic Development Authority. Prior to founding the Center for Economic Development Law with her father, Dan Batchelor, Leslie served in the U.S. Department of Justice as Deputy Associate Attorney General, Counsel to Attorney General Janet Reno, and Counselor to the Assistant Attorney General for the Civil Division. Before joining the Justice Department, Leslie was an associate at McAfee & Taft, where she concentrated on civil litigation. She served as a law clerk to the Honorable William J. Holloway, Jr., of the United States Court of Appeals for the Tenth Circuit. Leslie received her undergraduate degree magna cum laude from Brown University and her Master's and law degrees from the University of Virginia, where she was an instructor in philosophy and a teaching assistant in legal research and writing. An active community volunteer, Leslie has served in leadership roles in a number of professional and community organizations, including Chair of the Urban Land Institute - Oklahoma, president of Historical Preservation, Inc., president of the Oklahoma County Bar Foundation, and president of Oklahoma City Housing Services Redevelopment Corporation (Positively Paseo!). She also serves on the Board of i2E, the Board of Visitors for the Honors College at the University of Oklahoma, and the Ralph Ellison Foundation. She is married to Scott E. Williams, a federal prosecutor, and is the mother of twin girls. EMILY K POMEROY serves as development counsel to cities, towns, and other public entities, to assist them in the strategic, procedural, and financing aspects of their redevelopment endeavors. Her transactional practice focuses on the adoption and implementation by governmental entities of public- private redevelopment projects of all types and sizes. Her litigation practice consists of representing the firm's regular clients, including the Oklahoma City Urban Renewal Authority, when litigation arises from economic development projects, redevelopment activities, or land acquisition. Emily joined the firm in 2003 after completing her legal education at the University of Oklahoma. During one semester of law school, she served as law clerk to the Senior Attorney of the Special Projects Group of the Environmental Enforcement Section of the Environment and Natural Resources Division at the U.S. Department of Justice. She received her undergraduate degree from Bucknell University in Lewisburg, Pennsylvania. She graduated magna cum laude, with recognition, including Phi Beta Kappa, Omicron Delta Kappa National Leadership Honor Society, and the Charles F. White Memorial Award for Excellence in Academics and Athletics. Emily was born in Oklahoma City and attended Casady School, where she graduated magna cum laude in 1995. Emily is a member of the Oklahoma County Bar Association, the Oklahoma Bar Association, and the American Bar Association. Emily is an active community volunteer, serving as an officer of the Legal Assistant Services Committee of the Oklahoma Bar Association, a member and former president of the Oklahoma City Housing Services Redevelopment Corporation, an executive officer and former president of the Phi Beta Kappa Association of Oklahoma City, and a member of the Urban Land Institute. commercial agreements; handling agreements. LISA HARDEN is a real estate and business transaction attorney who has extensive experience in a broad range of commercial transactions in all phases of real estate sales and acquisitions, exchanges, construction and development, financing and refinancing, commercial leasing and real estate management. Prior to joining the firm, Lisa served as the General Counsel for an upscale golf community and country club between 2005 and 2012, where she provided legal advice and representation on all business, corporate, development, organizational, operational, contractual, financial, and employment matters, including: negotiating and closing all real estate purchases and sales; addressing title, survey, and zoning issues; project design and development, land use planning; platting; marketing; preparation and negotiation of development, engineering, architectural and construction contracts, easements, equipment leases, office leases, vendor, supplier, entertainment, outsourcing, marketing, and other various membership matters; and writing membership Before serving as General Counsel to the golf community and country club, Lisa was an associate at Phillips, McFall, McCaffrey, McVay & Murrah, P.C. where she represented owners, operators, managers, developers, brokers, sellers, purchasers, landlords and tenants in all phases of commercial real estate and business transactions. Lisa earned her Juris Doctorate, cum laude, from the Oklahoma City University School of Law, and her degree of Bachelor of Arts in Letters from the University of Oklahoma. Born in Chickasha, Oklahoma, Lisa lives in Oklahoma City with her husband, Larry, and their two young children. r. JEFF SABIN's practice focuses primarily on real estate development and land use issues. He began working for the firm as an intern in 2012 while working to complete his law degree at Oklahoma City University School of Law, where he was the recipient of a prestigious, full- tuition Dean's Scholarship. While in law school, Jeff served as a member of the Oklahoma City University Law Review and as a research assistant for Assistant Professor Celeste Pagano. He also received CALI Excellence for the Future Awards in Legal Research and Writing, Evidence, Land Use, Oklahoma Land Titles, Tribal Law, and Commercial Paper. He received his J.D. magna cum laude and a Certificate in Real Estate Practice from OCU Law in 2014, and at graduation was awarded the Excellence in Real Property Law Award by the Oklahoma City Real Property Lawyers Association. Prior to law school, Jeff received a B.A. in Geography, with distinction, from the University of Oklahoma and spent over four years as a city planner for the City of Hutto, Texas, a high- growth suburb of Austin, Texas. During his time as a city planner, Jeff participated in the development of an award - winning downtown revitalization plan for Hutto and oversaw the comprehensive rewrite of the City's development ordinances into a unified development code. He also served as a development case manager, assisting developers navigate the city's regulations and approvals process. Jeff is a member of the Oklahoma Bar Association, American Bar Association, the American Planning Association, and the Urban Land Institute. CONSIDERATIONS AND PROCEDURE FOR CREATING A TAX INCREMENT FINANCE DISTRICT UNDER THE LOCAL DEVELOPMENT ACT I. Background: Redevelopment Using Tax Increment Financing The Oklahoma Constitution authorizes the development or redevelopment of areas determined by a city, town, or county to be unproductive, undeveloped, underdeveloped, or blighted. The Local Development Act provides tools to be used in cases where investment, development, and economic growth in an area are difficult but possible if the Act is used. One of the Act's tools is tax increment financing (TIF), which allows a city, town or county to direct the apportionment of an increment of certain local taxes and fees to finance public project costs in orderto stimulate development in an area (the TIF district and the project area). The increment is (a) the portion of ad valorem taxes produced by the increased value of the property in the TIF district, measured from the date the ordinance creating the district is passed, and /or (b) the portion of sales taxes collected each year that are generated by the projects in the TIF district, as determined by a formula approved by the governing body. The TIF district is established by the development and approval of a project plan, which specifies the project area, the boundaries of the increment district, the objectives for the project area, the activities to be carried out in furtherance of those objectives, and the costs. TIF districts have been validated by court proceedings involving the two TIF districts in Oklahoma City (for economic development projects at the Oklahoma Health Center and for the Downtown/MAPS project) and the TIF district in Guymon (for the Guymon- Seaboard Economic Development project). II. Steps for Considering and Creating a TIF District: 1. Governing Body Initiation of Process. a. Governing body passes resolution establishing review committee and appoints its representative. i. The Review Committee consists of: 1. A representative of the governing body, to serve as chairperson; 2. A representative of the planning commission, if applicable; A representative designated by each taxing jurisdiction within the proposed TIF district whose ad valorem taxes might be impacted by the project; and 4. Three members (at least one of which represents the business community) representing the public at -large and selected by the other committee members from a list of seven names submitted lames Can Batchelor 301 Notch Harvey, Suite 100 Leslie V. Batchelor Oklahoma City, Oklahoma Emily K. Pomeroy 7002 -3 +21 CENTER FOR ECONOMIC Lisa ,ijhrden ® DEVELOPMENT LAW 1 effsabin 405 232 4606 SFLEPHON6 Oacooxset. 405 23 2 5010rncsrutt.e John C. N4 .murry """.ccon law.mm CONSIDERATIONS AND PROCEDURE FOR CREATING A TAX INCREMENT FINANCE DISTRICT UNDER THE LOCAL DEVELOPMENT ACT I. Background: Redevelopment Using Tax Increment Financing The Oklahoma Constitution authorizes the development or redevelopment of areas determined by a city, town, or county to be unproductive, undeveloped, underdeveloped, or blighted. The Local Development Act provides tools to be used in cases where investment, development, and economic growth in an area are difficult but possible if the Act is used. One of the Act's tools is tax increment financing (TIF), which allows a city, town or county to direct the apportionment of an increment of certain local taxes and fees to finance public project costs in orderto stimulate development in an area (the TIF district and the project area). The increment is (a) the portion of ad valorem taxes produced by the increased value of the property in the TIF district, measured from the date the ordinance creating the district is passed, and /or (b) the portion of sales taxes collected each year that are generated by the projects in the TIF district, as determined by a formula approved by the governing body. The TIF district is established by the development and approval of a project plan, which specifies the project area, the boundaries of the increment district, the objectives for the project area, the activities to be carried out in furtherance of those objectives, and the costs. TIF districts have been validated by court proceedings involving the two TIF districts in Oklahoma City (for economic development projects at the Oklahoma Health Center and for the Downtown/MAPS project) and the TIF district in Guymon (for the Guymon- Seaboard Economic Development project). II. Steps for Considering and Creating a TIF District: 1. Governing Body Initiation of Process. a. Governing body passes resolution establishing review committee and appoints its representative. i. The Review Committee consists of: 1. A representative of the governing body, to serve as chairperson; 2. A representative of the planning commission, if applicable; A representative designated by each taxing jurisdiction within the proposed TIF district whose ad valorem taxes might be impacted by the project; and 4. Three members (at least one of which represents the business community) representing the public at -large and selected by the other committee members from a list of seven names submitted by the chairperson of the committee. 2. Review Committee Consideration. a. Committee elects at -large members. b. Committee studies proposed project and makes findings on eligibility of proposed project area and TIF district. c. Committee makes findings on financial impacts of proposed project upon affected taxing jurisdictions and business activities in the proposed TIF district. d. Committee makes a recommendation regarding approval of proposed project and creation of TIF district. 3. Planning Commission Review. a. Planning commission determines whether proposed project plan conforms with comprehensive (master) plan, if applicable. b. Planning commission makes a recommendation regarding approval of proposed project plan. 4. Governing Body Consideration and Approval. a. Governing body must hold two public hearings before adoption of a project plan — one to provide information, including an analysis of potential impacts, and to answer questions, and a second to give interested persons the opportunity to express their views on the proposed project plan. b. Governing body considers the findings and recommendation of the review committee and the resolution and recommendation of the planning commission, if applicable. c. Governing body makes final determination that the proposed TIF district meets the eligibility criteria of the statute, including that the project area is an enterprise area, an historic preservation area, or a reinvestment area. d. Governing body makes finding that the improvement of the area is likely to enhance the value of other real property in the area and to promote the general public interest. e. Governing body adopts ordinance (or resolution) approving the project and establishing the TIF district. 2 June 17, 2016 Mr. Bronce Stephenson Via Email Director of Community Development City of Owasso 111 N. Main Street Owasso, Oklahoma 74055 RE: Legal Consulting Services for City of Owasso — Proposed Downtown Redevelopment Dear Bronce: It was a pleasure to meet you and your colleagues to discuss the City of Owasso's efforts to promote development in your downtown. At your request, below is a proposed scope of professional services and potential actions for the consideration and possible preparation of a proposed project plan and tax increment financing district(s) pursuant to the Oklahoma Local Development Act, Title 62 O.S. §850, et seq. (the "Act "). The Act authorizes cities to adopt a project plan for economic development purposes and provides certain powers for the implementation of the project plan. The Act's financing mechanisms can be used as an additional tool for the City in its downtown redevelopment efforts. I. Assessment and Recommendation of Project Eligibility and Feasibility As an initial matter, the Center for Economic Development Law ( "CEDL ") will assist you in a preliminary assessment and recommendation of the fundamental issues affecting the potential project and determination of threshold questions including whether and what tools of the Act are appropriate. The focus of this effort would be to work with you, City officials and staff, as well as other interested stakeholders to build on the existing development strategy for the downtown, and would include discussions with and presentations to the City Council and other public bodies about the tools of the Act. This evaluation will be undertaken in order to determine whether the benefit potential and practicality appear sufficiently positive for the City to then undertake the formulation, procedural consideration, and adoption of a project plan with necessary financing mechanisms, possibly including tax increment financing. This is a critical phase and includes much of the groundwork for the subsequent phases. If, and only if, the evaluation appears positive to the City and CEDL, will CEDL then continue in its representation of the City by providing the following services to the extent authorized and directed by you. James Dan Batchelor 301 North Harvey, Suite 100 Leslie V. Batchelor Oklahoma City, Oklahoma Emily K.Pomeroy 73102 -3421 CENTER FOR ECONOMIC Lisa M. Harden DEVELOPMENT LAW Jeff Sabin 4052324606 TELEPHONE OF COUNSEL 405 232 5010 FACSIMILE John C.McMurry .vww.cconlaw.com June 17, 2016 Mr. Bronce Stephenson Via Email Director of Community Development City of Owasso 111 N. Main Street Owasso, Oklahoma 74055 RE: Legal Consulting Services for City of Owasso — Proposed Downtown Redevelopment Dear Bronce: It was a pleasure to meet you and your colleagues to discuss the City of Owasso's efforts to promote development in your downtown. At your request, below is a proposed scope of professional services and potential actions for the consideration and possible preparation of a proposed project plan and tax increment financing district(s) pursuant to the Oklahoma Local Development Act, Title 62 O.S. §850, et seq. (the "Act "). The Act authorizes cities to adopt a project plan for economic development purposes and provides certain powers for the implementation of the project plan. The Act's financing mechanisms can be used as an additional tool for the City in its downtown redevelopment efforts. I. Assessment and Recommendation of Project Eligibility and Feasibility As an initial matter, the Center for Economic Development Law ( "CEDL ") will assist you in a preliminary assessment and recommendation of the fundamental issues affecting the potential project and determination of threshold questions including whether and what tools of the Act are appropriate. The focus of this effort would be to work with you, City officials and staff, as well as other interested stakeholders to build on the existing development strategy for the downtown, and would include discussions with and presentations to the City Council and other public bodies about the tools of the Act. This evaluation will be undertaken in order to determine whether the benefit potential and practicality appear sufficiently positive for the City to then undertake the formulation, procedural consideration, and adoption of a project plan with necessary financing mechanisms, possibly including tax increment financing. This is a critical phase and includes much of the groundwork for the subsequent phases. If, and only if, the evaluation appears positive to the City and CEDL, will CEDL then continue in its representation of the City by providing the following services to the extent authorized and directed by you. Mr. Bronce Stephenson June 17, 2016 Page 2 H. Negotiation and Preparation of Initial Agreements and Project Plan Preparation A. CEDL will assist in the negotiation and preparation of conditional redevelopment agreements between the City or another public entity (if appropriate) and potential developers that state the conditions precedent to undertaking the project. The nature and extent of such agreements are extremely difficult to gauge prior to formulation of the development strategy. B. Project plan preparation would be undertaken in two parts: 1. Schematic Plan Developingnt Area Eligibility Report — Assistance in preparation of an eligibility report, relying on information from City staff and local and state agencies to evaluate the eligibility of the area. ii. Financial Impact Report — Assistance in preparation and evaluation of financial impacts, relying on assistance from City staff and other informed or specialized sources. iii. Basic framework of project plan including: a. Area of project plan; b. Size and content of increment district(s); c. Project objectives; d. Principal project actions; e. Preliminary budget; and f. Strategic sequencing. 2. Final Draft Project Plan and Increment District Preparation of complete eligibility report; ii. Preparation of complete financial impact report; iii. Preparation of complete project plan and increment district provisions; and iv. Final editing before release for public consideration and approval. III. Official Review and Public Hearings This phase will consist of legal advice and consultation with respect to procedures and actions for formal consideration of a proposed project plan including: Mr. Bronce Stephenson June 17, 2016 Page 3 A. Resolution of City Council initiating formal consideration and approval process and establishing review committee; B. Presentations to individuals, groups, and public bodies on the proposed plan; C. Attendance and preparation at review committee meetings; D. Preparation of documents for review committee consideration; E. Planning commission presentation and approval documents; and F. Presentation at two public City Council hearings on consideration and adoption of the proposed project plan and establishment of an increment district. IV. Implementation Following adoption of a project plan and an increment district, it is vitally important that the implementation steps, procedures, legal auditing, and follow -up assistance take place in order to maximize the achievement of project objectives and to minimize the difficulties of implementation. These steps would generally consist of: A. Negotiation and preparation of any additional economic development agreements; B. Advice on administration and financing; C. Coordination with involved public officials and entities; D. Preparation of implementation checklist; procedural manual, forms, and official action documents; and E. Assistance in financial reporting. Depending on the complexity of the project and the extent to which the City or another public entity assumes responsibility for these activities, the City and CEDL may scope this on- going work separately. We wish to emphasize that Phases II, III, and IV would be undertaken only if Phase I, the Assessment and Recommendation of Project Eligibility and Feasibility, appeared positive to CEDL and the City. The cost of the services described in this engagement letter will be CEDL's time and expenses in accordance with the current CEDL fee schedule. We have attached a copy of the 2016 fee schedule. CEDL will submit statements detailing the services provided on a monthly Mr. Bronce Stephenson June 17, 2016 Page 4 basis. The services will consist of only the phases and undertakings authorized by the City. The City or CEDL may terminate services at any time upon thirty (30) days' notice without any further liability except for services provided. Our mission as a law firm is to assist communities in achieving their economic development objectives, and we look forward to assisting your community by working with you. By our signature below, we are agreeing to this engagement. If you approve, please execute your acceptance in the space provided and return one original to our office. Very truly yours, CENTER FOR ECONOMIC DEVELOPMENT LAW BY: _ e ie V. Bachelor, President ACCEPTED THIS DAY OF 2016. THE CITY OF OWASSO Ml CENTER FOR ECONOMIC DEVELOPMENT LAW 2016 SCHEDULE OF PROFESSIONAL FEES ATTORNEYS: Principals Dan Batchelor $300.00 Leslie V. Batchelor $275.00 Senior Attorneys Emily K. Pomeroy $250.00 Lisa M. Harden $250.00 Associate Jeff Sabin $200.00 Senior Of Counsel Attorney John C. McMurry $200.00 SPECIALISTS: Development/Planning Consultant Ian Colgan, AICP Financial Analyst/Planner Cameron H. Brewer Senior Legal Assistant Law Clerk/Legal Intern Legal Assistant Administrative Assistant Reimbursement of actual and reasonable expenses. $200.00 $150.00 $ 95.00 $ 95.00 $ 55.00 $ 45.00 Tax Increment Financing: An Introduction What is Tax Increment Financing? Tax Increment Financing (TIF) is an economic development tool authorized by the Oklahoma Constitution and State statute to permit cities, towns, and counties to use local taxes and fees to finance certain public costs of development and redevelopment. Projects financed with TIF must serve a public purpose such as redeveloping blighted areas, providing employment opportunities and improving the tax base. How Does TIF Work? When a TIF district is established, the assessed value of all taxable property within the district (or, in the case of a sales tax increment district, the sales tax revenue from within the district) is established as a base. For the district's duration — until the project costs are paid, not to exceed twenty -five (25) years — any increased tax revenues above the base are available to the city, town, or county to finance public project costs. Taxes generated from base assessed value (or an amount equal to the base sales tax) continue to be paid to the various taxing jurisdictions (county, school district, vo -tech district, library system, health department.) Why TIF? For a city, town, or county to use TIF to help finance a development or redevelopment project, it must determine that, among other things, investment, development and economic growth are difficult but possible if TIF is utilized. It must also determine that TIF is not being proposed for an area where investment, development, and economic growth would have occurred anyway and that TIF is being used to supplement and not supplant or replace normal public functions and services. Projects that meet these conditions should have no negative impact on the affected taxing jurisdictions, since they use only tax revenues that, without the use of TIF, would not have been generated. What About Public Input? The governing body of the city, town, or county considering a TIF project must appoint a Review Committee made up of representatives of the affected taxing jurisdictions, the planning commission with jurisdiction over the project area, the city, town, or county considering the project (whose representative serves as chairperson), and the public at large. The Review Committee then must make determinations as to the eligibility of the project and the financial impact, if any, of the project on the taxing jurisdictions, as well as a recommendation to the Governing Body whether to approve the project. The Planning Commission must separately consider the proposed project and determine whether it conforms to the comprehensive (master) plan for the area. All meetings of the Review Committee, Planning Commission and Governing Body are subject to open meeting laws. Prior to adoption of a TIF project, the Governing Body must hold two public meetings. The first is solely to provide the public information about the proposed project; the second is a public hearing to provide an opportunity for the public to be heard in favor of or opposition to the proposed project. If the Governing Body votes to approve the proposed project contrary to the recommendation of the Review Committee, it must do so by a two - thirds majority Any change to the area to be included, any substantial change in the proposed project, or any amendment of an approved plan affecting more than 5% of the district's area or 5% of the project costs must be reviewed and approved by the Review Committee, Planning Commission, and Governing Body in the same manner as the original proposal. Any school district within the boundaries of an increment district may file with the Governing Body a protest as to the amount certified as the base assessed value of the increment district. In the event such a protest is filed, the base assessed value of the district shall be redetermined. How May TIF Be Used? Oklahoma's Local Development Act governs TIF uses. Tax increment revenues must be spent for approved public costs of development and redevelopment within geographic areas referred to as project areas. TIF Uses Include: o Capital costs, including costs of acquisition, construction, demolition, alteration, remodeling, repair or reconstruction of public works, public improvements, public buildings, structures, and fixtures; o Financing costs, including costs associated with the issuance of bonds; o Real property assembly costs, including clearance and preparation; o Environmental remediation; o Professional services costs; o Direct administrative costs; and o Relocation costs. Financing methods: • Pay -As- You -Go: The developer pays for TIF- eligible costs, and is reimbursed from the increment of increased tax revenue generated by the development (the "Increment"). This method shifts the financing risk to the developer. • Bonds: Bonds are issued "up front" to pay for public redevelopment or redevelopment costs and are repaid with the Increment. • Cash Financing: A private non - profit or other entity pays costs directly and is reimbursed through tax increments or other revenue sources. What Are Some of the Benefits of TIF? TIF allows cities, towns and counties to simulate revitalization activities that the private sector is unwilling or unable to undertake. By using TIF, cities, towns, and counties have tools to: • Leverage economic revitalization; • develop or redevelop property which is undeveloped, underdeveloped, unproductive, or blighted; • Supplement other public functions, services, efforts and programs, including Oklahoma Main Street Program, Oklahoma Enterprise Zone Act, historic preservation, and other locally implemented economic development efforts; • Enhance conservation, preservation, and rehabilitation efforts; • Encourage residential development; • Enhance neighborhood stability; • Remediate environmental damage; • Enhance the tax base; • Create and retain jobs. By setting a base assessed value of property in redevelopment areas, cities, towns and counties in effect buffer affected taxing jurisdictions from deterioration of the local tax base. $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 5 Jul Monthly 3% Sales Tax Comparisons Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun t Actual o -- 3% Budget Last Year Year -to -Date 3% Sales Tax Totals $30,000,000 $25,000,000 $20,000,000 _ $15,000,000 $10,000,000 $5,000,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun tActual - -4 -- Budget ::I Last Year City of Owasso Monthly 3% Sales Tax Revenues Last Five Fiscal Years 2016 -17 2015 -2016 2014 -2015 2013 -2014 2012 -2013 Jul $ 2,106,867 $ 2,073,553 $ 1,865,194 $ 1,704,985 $ 1,630,957 Aug $ 1,973,796 $ 1,820,788 $ 1,678,483 $ 1,521,846 Sep $ 1,978,203 $ 1,832,861 $ 1,617,952 $ 1,518,488 Oct $ 2,011,595 $ 1,896,451 $ 1,677,145 $ 1,560,824 Nov $ 1,851,194 $ 1,808,171 $ 1,612,339 $ 1,447,596 Dec $ 2,166,025 $ 1,862,936 $ 1,748,989 $ 1,605,740 Jan $ 2,228,743 $ 2,125,525 $ 2,073,564 $ 1,792,034 Feb $ 2,246,904 $ 2,004,466 $ 1,990,104 $ 1,817,864 Mar $ 1,762,488 $ 1,780,454 $ 1,544,058 $ 1,500,014 Apr $ 2,044,284 $ 1,781,713 $ 1,696,815 $ 1,499,708 May $ 2,041,458 $ 1,950,586 $ 1,813,883 $ 1,629,482 Jun $ 1,936,362 $ 1,998,314 $ 1,864,533 $ 1,643,878 $ 2,106,867 $ 24,314,606 $ 22,727,460 $ 21,022,850 $ 19,168,431 Estimated collection on 3% sales tax. Actual breakdown for half -penny collections for current month not yet available. City of Owasso 3% Sales Tax Report Budget to Actual Comparison July 6, 2016 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totals 2016 -17 2016 -17 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent $ 2,106,867 8.4% $ 2,093,447 8.4% $ $ 2,106,867 13,420 0.6% 8.4% $ 2,093,447 8.4% $ 13,420 0.6% Estimated collection on 3% sales tax. Actual breakdown for half -penny collections for current month not yet available. City of Owasso 3% Sales Tax Report Two Year Comparison July 6, 2016 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2016 -17 2015 -16 Increase or (DecreaW Percent Percent Amount of Budget Amount of Actual Amount Percent $ 2,106,867 8.4% $ 2,073,553 8.5% $ 33,314 1.6% Totals $ 2,106,867 8.4% $ 2,073,553 8.5% $ 33,314 1.6% Note: Fiscal Year 2017 Sales Tax Budget is $25.35 million; FY'16 actual was $24.375 million. City of Owasso Half -Penny Sales Tax Report Budget to Actual Comparison July 6, 2016 2016 -17 2016 -17 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 351,145 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totals $ 351,145 9.0% $ 348,908 8.9% 9.0% $ 348,908 8.9% 2,237 0.6% $ 2,237 0.6% Estimated collection on Half -Penny sales tax. Actual breakdown for half -penny collections for current month not yet available. City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years Actual 2016 -17 2015 -2016 2014 -2015 2013 -2014 2012 -2013 2011 -2012 Jul $ 82,565 $ 72,360 $ 50,298 $ 78,705 $ 33,565 $ 41,491 Aug 96,428 56,646 105,903 33,983 52,650 Sep 122,962 61,204 69,079 47,609 53,051 Oct 106,846 86,146 103,683 59,327 48,435 Nov 91,876 89,434 64,434 50,722 43,504 Dec 113,941 89,482 86,424 48,320 52,052 Jan 86,358 65,206 57,183 60,594 47,738 Feb 102,681 110,645 75,454 78,302 55,671 Mar ** 61,748 87,044 50,121 57,199 44,140 Apr 78,834 56,776 55,507 30,577 29,497 May 92,867 75,895 63,674 51,094 55,835 Jun* 96,434 98,093 42,884 75,139 41,989 $ 82,565 $ 1,123,335 $ 926,869 $ 853,050 $ 626,431 $ 566,050 * *Increase in sales tax rate from 3.5% to 4.05% March 2017 *Increase in sales tax rate from 3% to 3.5% June 2015