HomeMy WebLinkAbout2017.02.14_Worksession AgendaThis meeting is a work session for Council /Trustee discussion only.
There is no opportunity for public comments at work session.
990-1, IVY
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL, OPWA & OPGA
Council Chambers, Old Central Building
109 N Birch, Owasso, OK 74055
Regular Meeting
Tuesday, February 14, 2017 - 6:00 pm
1. Call to Order
Mayor /Chair Lyndell Dunn
2. Discussion relating to Policy Guide document for the Owasso Redbud District - Increment
District No. 1 (TIF)
Bronce Stephenson
3. Discussion relating to Community Development items
France Stephenson
A. Annexation (OA- 16 -05), approximately 20 acres and is located northeast of McCarty
Park at 8200 N 91 E Ave
B. Annexation (OA- 17 -01), east of the intersection of E 106 St N and N Garnett Rd on the
north side of E 106 St N
4. Discussion relating to an economic development agreement with Garrett Creek
Development, LLC
Chelsea Feary
5. Discussion relating to amending the Owasso Code of Ordinances -Part 10, Chapter 8, Alarms
Scott Chambless
6. Discussion relating to City Manager items
Warren Lehr
• 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 City Hall,
200 S Main St, at 6:00 pm on Friday, February 10, 2017.
Sherry Bisho ity Clerk Ir
nTity wit oul Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson, MPA
Director of Community Development
SUBJECT: Owasso Redbud District Project Plan and Increment District No. 1
DATE: February 10, 2017
BACKGROUND:
On December 20, the City Council voted 5 -0 to create a Tax Increment Financing (TIF) District in
the downtown Owasso Redbud District area. Staff is now bringing forward a draft of the Policy
Guide document for Council discussion.
DISCUSSION:
With the establishment of Tax Increment District No. 1, the next step is to adopt a Policy Guide
that directs how the Assistance in Development Financing will be allocated to investors within
the TIF area.
A staff team has worked with the Center for Economic Development Law over the last few
months to ensure that the Draft Policy Guide addressed concerns and suggestions from the City
Council, Owasso Economic Development Authority, Planning Commission, TIF Review
Committee and stakeholders. The staff team includes Assistant City Manager, Sherry Bishop; City
Attorney, Julie Lombardi; Economic Development Director, Chelsea Levo; Finance Director,
Linda Jones; Deputy City Clerk, Julie Stevens; and Community Development Director, Bronce
Stephenson.
PROPOSED POLICY GUIDE:
The Policy Guide states:
"The Increment District allows the City to support public and private projects using
incremental growth in property and sales taxes. The Project Plan authorizes the allocation of
incremental revenues to a special fund to be used to pay authorized Project Costs,
including public infrastructure, facilities, and improvements, and assistance in development
financing.
"This Policy Guide outlines the goals and objectives of the Project Plan and Increment
District, and describes generally how assistance in development financing may be provided
by allocation of tax increment revenues to assist development projects and small
businesses. Nothing contained in this Policy Guide binds or obligates the City or the Owasso
Public Works Authority (OPWA). Compliance with the Policy Guide is expected. However,
should the provisions of a development agreement or contract approved by the City
Council or the OPWA deviate from the provisions of the Policy Guide, the development
agreement or contract will control."
The attached Policy Guide draft has the following highlights:
• The application process, review team and requirements for qualifying for TIF are
established.
• Assistance in Development Financing. A developer may receive a percentage of hard
costs of the construction of improvements on the developer's property. The percentage
available is based on the project completion date as shown in the table below.
Project
June 30, 2021
June 30, 2025
June 30, 2029
End of
Completion
Increment District
Percentage of
120%
10%
8%
6%
Construction Costs
Small Business Enhancements. Beginning July 1, 2019, a retail, restaurant, or personal
service small business may be eligible for reimbursement to enhance the exterior of the
structure in which the business is located, provide streetscape improvements, enhance
signage or access, or otherwise improve the appearance of the exterior of the business.
A Small Business Enhancement is a 50% match of the cost of the approved
improvements. The reimbursement will not exceed $1,500.00.
Employment Generation Assistance Light industrial businesses may be eligible for
assistance in support of the creation or expansion of jobs. Assistance would be available
to provide start -up or incubator space to new and expanding businesses to promote
small- business - friendly opportunities for innovation and collaboration. The amount of
assistance would be determined based upon several factors, including but not limited to,
number of jobs created, need for public assistance, overall private investment, and
Impacts upon the community.
• The Policy Guide includes a glossary of terms, maps of the project area, a copy of the
Downtown Overlay District standards and draft application formats.
TIMELINE:
This item will be presented for additional discussion during the March Council work session and
staff anticipates seeking Council consideration and action related to a Resolution approving the
Policy Guide during the March 21, 2017, meeting.
ATTACHMENTS:
Draft Policy Guide
Approved Project Plan dated December 20, 2016
OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO. 1
POLICY GUIDE
Introduction
The City of Owasso, Oklahoma ( "City "), consistent with the Oklahoma Local Development Act, 62
O.S. §850, et seq., on December 20, 2016, through the adoption of Ordinance 1093, approved
the Owasso Redbud District Project Plan ( "Project Plan ") and established Increment District No.
1, City of Owasso ( "Increment District "). The goal of the Project Plan is to develop the area
surrounding Main Street, known as the Redbud District, achieve the City's development
objectives, improve the quality of life for its citizens, stimulate private investment, and enhance
the tax base. The Increment District allows the City to support public and private projects using
incremental growth in property and sales taxes. The Project Plan authorizes the allocation of
incremental revenues to a special fund to be used to pay authorized Project Costs, including
public infrastructure, facilities, and improvements, and assistance in development financing.
The Project Plan defines the boundaries of the Proj
Increment District is the area where incremental rew
collected. The Project Area is the area where those
Project Area and Increment District are coexter
This Policy Guide outlines the goals and objecti%
describes generally how assistance in develop)
tax increment revenues to assist development 'I
in this Policy Guide binds or obligates the City
Compliance with the Policy Guide is expected.
agreement or contract approved by the City Co
the Policy Guide, the
11. Objective
The goal of the ProjE
known as the Redbuc
and visitors to live, w
projects. The City's c
of
and
id the Increment District. The
rated by new development are
al revenues can be spent. The
cted in Exhibit A.
e Project Plan and Increment District, and
lancing may be provided by allocation of
and small businesses. Nothing contained
Owasso Public Works Authority (OPWA).
r, should the provisions of a development
the OPWA deviate from the provisions of
act will control.
Plan is to encourage development of the City's original downtown, now
strict, into a special and unique place within the City; a place for residents
<, shop, and play. The Increment District will support public and private
• Achieve the development goals and objectives for the Redbud District contained in the
Downtown Master Plan, the Downtown Overlay District Plan, and the GrOwasso 2030
Land Use Master Plan.
• To preserve and enhance the tax base and make possible investment, development, and
economic growth that would otherwise be difficult without the project and the
apportionment of incremental ad valorem and sales tax revenues.
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DRAFT 2 -7 -17
• To support the creation of attractive, high - quality, and viable mixed -use developments to
draw residents and visitors.
• Where appropriate, to support the development, improvement, and /or expansion of light
industry to increase employment.
To encourage existing property and business owners in the Redbud District to invest, and
to attract new investment and business to the Project Area.
• To provide start-up and incubator space to new and expanding businesses and to promote
small- business - friendly opportunities for innovation and collaboration in the Project Area.
• To stimulate and promote the Redbud District as a walkable, vibrant destination.
• To provide a public benefit through the construction of public infrastructure and
improvements to allow for development to occur in the area. `
All ad valorem and sales tax increment go
reimburse the City or other public entities
Facilities, and Improvements, (2) provi
Development Project Assistance, Small BL
Assistance, and (3) pay Implementation an(
utilizing incremental revenues for public
aspects of private developments that i
enhancement of the public space, building
of walkability and access throughout the Pi
i in the Increment District is available to (1)
- nditures made towards Public Infrastructure,
stance in development financing through
:nhancements, and Employment Generation
istration. The City has a strong preference for
'ucture and improvements, including those
a public benefit through the creation or
or street front presence, and encouragement
There are three eligible categories of assistance in development financing: (A) Development
Project Assistance, (B) Small Business Enhancements, and (C) Employment Generation
Assistance. Assistance in development financing is not available for the development of single -
family homes or for entities seeking assistance related to a property that is exempt from paying
property taxes.
9
1. Development Project Assistance may be available to a developer proposing to
develop on vacant property within the Increment District or significantly renovate or rehabilitate
an existing structure on property within the Increment District. To be considered for
Development Project Assistance, such investment must be in an amount of more than
$200,000.00 based upon the hard costs of the construction of the improvements. The developer
must own the property that it is seeking to develop or renovate. To be eligible for Development
2
DRAFT 2 -7 -17
Project Assistance, projects must follow design and density standards as adopted by the City in
the Downtown Overlay District Plan, attached as Exhibit B.
2. A developer seeking Development Project Assistance must submit an application
to an Application Review Committee, made up of representatives of the following: the City
Manager's Office, the Finance Department, the Economic Development Department, the City
Attorney's Office, and the Community Development Department. The form of application is
included here as Exhibit C. The Application Review Committee will review the application for
compatibility with the Project Plan and the Downtown Overlay District Plan, evaluate the
qualifications of the applicant, including financial capacity and experience, and recommend
appropriate performance parameters and requirements. _
3. Upon recommendation by the Application Review Committee that the proposed
development is eligible to receive Development Project Assistance, a development agreement
between the applicant and the OPWA will be presented to the applicant.. The development
agreement will obligate the developer to make ad valorem payments on the property and to
meet certain density and design criteria consistent with this Policy Guide and the Downtown
Overlay District Plan. The development agreement will detail the incremental revenues available
to pay the assistance in development financing and the timeline upon which they will be paid,
subject to availability. Upon review and discussion regarding the terms of the development
agreement, the development agreement will be provided to the OPWA for its consideration.
Upon approval by the OPWA `of. the development agreement, assistance in development
financing will be provided as detailed in the development agreement and described here,
provided there is no default under the development agreement.
4. For projects receiving Development Project Assistance with construction costs
over $4,000,000, the developer may be required to enter into a covenant imposing a minimum
ad valorem payment or payment in lieu, of taxes for the life of the Increment District. The
minimum ad valorem payment will be 'based on the hard costs of the construction of
improvements. The covenant shall run with the land and shall provide that, should the amount
billed by the County Assessor be less than the agreed upon minimum ad valorem payment, such
additional amount may be billed by the OPWA.
5. For projects completed by June 30, 2021, the maximum amount of assistance in
development financing that the developer may receive is 12% of hard costs of the construction
of improvements on the developer's property. For projects completed between July 1, 2021 and
June 30, 2025, the maximum amount of assistance in development financing that the developer
may receive is 10% of hard costs of the construction of improvements on the developer's
property. For projects completed between July 1, 2025 and June 30, 2029, the amount of
assistance in development financing that the developer may receive is 8% of hard costs of the
construction of improvements on the developer's property. For projects completed after June
3
DRAFT 2 -7 -17
30, 2029 through the end of the life of the Increment District, the amount of assistance in
development financing that the developer may receive is 6% of hard costs of the construction of
improvements on the developer's property. The issuance of a Certificate of Occupancy by the
City shall determine project completion.
Project
June 30, 2021
June 30, 2025
June 30, 2029
End of
Completion
Increment District
Percentage of
12%
10%
8%
6%
Construction Costs
6. The hard costs of the construction
determined and verified by the Application Review
Development Project Assistance. The receipt of Devi
upon the developer's payment of taxes on its proper
the property. The amount available for Developmer
based on the amount of incremental revenues genet
Assistance will not be available until the project
generated by the project are received.. There is no
funds for Development Project Assistance.
a
:)f improvements on a project will be
.ommttee, prior to the payment of any
opment Project Assistance is conditioned
and upon an increase in taxable value of
Project Assistance for a project is limited
ted by the project. Development Project
c completed and incremental revenues
iarantee of the availability and timing of
1. Beginning July 1, 2019, Small Business Enhancements may be available to any
retail, restaurant, or personal service small business within the Increment District proposing to
enhance the exterior of the structure in which the business is located, provide streetscape
improvements, enhance signage or access, or otherwise improve the appearance of the exterior
of the business. To be eligible for Small Business Enhancements, projects must follow design and
density standards as adopted by the City in the Downtown Overlay District Plan, attached as
Exhibit B.
2. A Small Business Enhancement may be provided to assist in improvements and
appearances of the physical exterior or exterior elements of the property where the business is
located. Examples of such improvements include, but are not limited to, new or upgraded
exterior signage, new exterior paint, art installation, landscape improvements, window or awning
improvements, accessibility improvements, streetscape improvements, the installation of an
outdoor seating or gathering space, or other visual improvements to the property. A Small
Business Enhancement is a 50% match of the cost of the approved improvements. The applicant
will be reimbursed by the OPWA at the completion of the approved improvements for 50% of
the actual amount expended on the approved improvements. The amount of the reimbursement
will not exceed $1500.00. Documentation of all reimbursable expenses related to the
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DRAFT 2 -7 -17
improvements and physical confirmation of improvements must be provided before
reimbursement occurs.
3. A business seeking a Small Business Enhancement must submit an application to
an Application Review Committee, made up of representatives of the following: the City
Manager's Office, the Finance Department, the Economic Development Department, the City
Attorney's Office, and the Community Development Department. The form of application is
included here as Exhibit D. The Application Review Committee will review the application for
compatibility with the Project Plan and the Downtown Overlay District Plan, evaluate the
proposed enhancements, and recommend appropriate performance parameters and
requirements.
4. Upon recommendation by the
improvement is eligible to receive a Small
agreement between the applicant and OPW/
enhancement agreement will provide for ass
the Project Plan. Upon review and discussion:
agreement, the business enhancement' agi
consideration. Upon approval by the OPWA o
in development financing will be provided as
and as described here.
C.
ion Review Committee that the proposed
Enhancement, a, business enhancement
presented to the applicant. The business
i development financing as authorized by
ig the terms of the business enhancement
will be provided to the OPWA for its
mess enhancement agreement, assistance
in the business enhancement agreement
1. Employment Generation' Assistance' maybe available to light industrial businesses
in support of the creation or expansion of jobs. Employment Generation Assistance may be
available to provide start-up or incubator space to new and expanding businesses to promote
small- business - friendly opportunities for innovation and collaboration in the Project Area. The
amount of assistance in development financing will be determined based upon several factors,
including but not limited to, number of jobs created, need for public assistance, overall private
investment, and impacts upon the community.
2. A business seeking Employment Generation Assistance must submit an
application to an Application Review Committee, made up of representatives of the following:
the City Manager's Office, the Finance Department, the Economic Development Department, the
City Attorney's Office, and the Community Development Department. The form of application is
included here as Exhibit E. The Application Review Committee will review the application for
compatibility with the Project Plan, evaluate the proposed job generation opportunities and
impacts on the community, and recommend the amount of assistance in development financing
to be provided, as well as appropriate performance parameters and requirements.
5
DRAFT 2 -7 -17
3. Upon recommendation by the Application Review Committee that the proposed
project is eligible to receive Employment Generation Assistance, an agreement between the
applicant and the OPWA will be presented to the applicant. The agreement will provide for
assistance in development financing as authorized by the Project Plan. Upon review and
discussions regarding the terms of the agreement, the agreement will be provided to the OPWA
for its consideration. Upon approval by the OPWA of the agreement, assistance in development
financing will be provided as detailed in the agreement and as described here. Employment
Generation Assistance will not be available until the agreed upon performance terms in the
agreement have been reached. There is no guarantee of the availability and timing of funds for
Employment Generation Assistance.
IV. Glossary of Terms
Terms used throughout this Policy Guide are further defined as fo
Assistance in Development Financing — Public funds provided to a developer pursuant to an
approved agreement with OPWA to assist in a project. Assistance in Development Financing is
provided only for projects that are determined, in the City's and /or OPWA's discretion: (1) to
meet the City's approved development goals and objectives for the Project Area, as expressed
from time to time in the City's plans and policies,. and (2) to provide adequate consideration and
public benefit in return for the public investment.
Hara costs or the construction of Improvements —The actual and direct construction costs of the
material, labor, and improvements associated with a development. Such costs exclude
developer's fees and other soft costs, including but not limited to architectural, engineering,
financing, and legal fees, and other pre- and post- construction fees and expenses.
Increment District — The area from which increment is generated. For purposes of the Project
Plan, the Increment District and the,Project Area are the same.
Increment - The ad valorem increment is the ad valorem revenue in excess of the revenue
generated by the base assessed value of the Increment District (as determined by the Tulsa
County Assessor in accordance with the Oklahoma Local Development Act), i.e., the new revenue
attributable to increases in the value of property within the Increment District. The sales tax
increment is a portion of the City's sales taxes generated within the Increment District, to be
determined by a formula to be approved by resolution of the Owasso City Council in accordance
with the Oklahoma Local Development Act.
Light Industrial Business — A business that manufactures products for end users. Products may
include, but are not limited to, shoes, clothing, furniture, electronics, lights, hardware, and
household items.
Oklahoma Local Development Act — The law passed by the Oklahoma Legislature to implement
Section 6C of Article X of the Oklahoma Constitution, which empowers the governing bodies of
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DRAFT 2 -7 -17
cities, towns, and counties to apportion tax increments to help finance the public costs of
economic development. 62 O.S. §850, et seq.
Owasso Redbud District Project Plan —The document approved by the City Council of the City of
Owasso on December 20, 2016, by the adoption of Ordinance 1093, that established Increment
District No. 1, City of Owasso, pursuant to and consistent with the Oklahoma Local Development
Act.
Proiect Area —The area within which project activities occur. For purposes of the Project Plan,
the Project Area and the Increment District are the same.
Small Business — A business that is independently
entity incorporated in Oklahoma that has fewer
DEFINE THIS)
Start -up or Incubator Space — A below- market rate office available`i
grow new businesses. Such space may provide, common support
businesses in an effort to reduce overhead and operational costs.
7
by an individual from or
[CITY STAFF NEEDS TO
to help create and
iices among many
DRAFT 2 -7 -17
EXHIBIT A
Map of Project Area and Increment District
[City needs to create this; include street names and other
identifying markers]
EXHIBIT B
Downtown Overlay District Plan
SECTION 860.5 DOWNTOWN OVERLAY DISTRICT
860.5.1 GENERAL DESCRIPTION
It is the purpose and intent of the Downtown Overlay District to provide enhanced
standards to protect and enhance the unique characteristics of the Main Street, 76th
St and downtown areas. Overlay Districts may also be used to protect or facilitate a
particular design theme established through specific architectural styles or periods, or
to protect or facilitate site plan conventions such as setbacks that are both minimums
and maximums.
860.5.2. PURPOSE
• Encourage sustainable development that will become a long term asset to
Owasso.
• Promote economic growth and redevelopment of the downtown Owasso area.
• Encourage residential development as part of commercial development and to
replace blighted properties on the fringe of the downtown area with new and
higher- density residential.
• Encourage the development of office space through standalone and mixed -use
development. Office space is encouraged at a higher- density and multi -story
structures.
• Giving special attention to landscaping, buffering, signage, lighting and
building setbacks in those districts identified as needing special attention.
• Giving special attention to the existing architectural style or to the style that is
planned, so as to create an easily identifiable area in those areas identified as
architecturally significant.
• Promote the history of Owasso.
• Encourage quality, attractive and unique architecture.
• Implement the Downtown Development District as described in the 2030
GrOwasso Land Use Master Plan and 2001 Downtown Master Plan.
• Create a vibrant arts and entertainment district.
• Create an area where development can be accomplished at a higher- density
than allowed in any other commercial and residential areas of Owasso.
• Attract new businesses and retain small businesses in the downtown area.
• Revitalize Main Street and create a true Main Street environment.
• Establish regulations that protect the investment of existing and new
businesses from unattractive, non - compatible uses.
• Ensure the area is visually pleasing, sustainable, and developed in a
coordinated fashion.
• Ensure a high quality of development that will ultimately generate an
economically enhanced and pedestrian friendly area for Owasso.
• Follow the principals of the Quality of Life Initiative and the GrOwasso 2030
Land Use Master Plan.
• Encourage locally -owned and Made In Oklahoma businesses
860.5.3 DOWNTOWN OVERLAY DESIGNATED
A. BOUNDARY MAP
The boundaries of the attached map (figure 1) depicts the proposed
Downtown Overlay Area. Alt properties within the depicted boundaries
are subject to the rules and regulations within this chapter and the
Owasso Zoning Code
B. MAP AMENDMENTS
No change in the boundary of the Downtown Overlay District shall be
authorized, except by the City Council pursuant to the procedures
outlined in Chapter 13, Amendments.
2
Downtown Overlay District Boundaries
Figure 1
1" = 376 it Downtown Overlay Map
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860.5.4 PERMITTED USES
The base zoning districts of properties fully or partially within the designated
overlay district shall not be affected except as noted in this chapter. All
applicable regulations for use, yard, area, lot dimensions, utility placement,
and landscaping shall be those specified for each district, including planned
unit development (PUD) stipulations.
A. USE RESTRICTIONS
1. In AG districts, only existing agricultural uses shall be permitted to continue
and be subject to all applicable standards and regulations in Section 300-
330. No Specific Use Permits shalt be issued for any land zoned AG and no
new AG uses or businesses shall be allowed.
2. In each zoning district, all uses respective to that district shall be
permitted by right or with the issuance of a Specific Use Permit, except for
those listed below in Section 860.5.4 (A)4.
3. Allowed Uses. Any by right use or those issued with a Specific Use Permit
(SUP) shall be permitted within the Downtown Overlay, unless otherwise
restricted in this section. All uses shall be defined by the most recent
version of the NAICS (North American Industry Classification System) book.
4. Encouraged Uses:
• Retail Uses
• Cafes Ft Sidewalk cafes
• Restaurants (preferred locally or Oklahoma -owned restaurants)
• Pub /Bar Et Grill /Wine Bar
• Personal Services (salon, barber shop, florist, health store, etc)
• Mixed Use (ground floor retail with offices or residential above)
• Office space
• Coffee shop
• Boutiques
• Art gallery
• Small theatre or music -venue
• Book store
• Antique store
• Farmers Market
• Arts Et Crafts Studios
• Yoga /Fitness Studio
• Smalt corner store with basic goods
• Bakery /Artisan Foods
• Entertainment Venues
5. The following By -Right and Specific Use Permit uses shall be prohibited in
the Downtown Overlay District.
• Industrial Uses except in the IH and IM Zoning District
• Any new agricultural uses or businesses
Agricultural implement sales
Aircraft sales
Animal and Poultry Raising
Appliance store and repair
Arena
Auctioneer
Auto Rental
Auto Sales
Auto wash
Bait Shop
Bindery
Boat and Recreational Vehicle sates
Bottled Gas Sates
Cabinet Maker
Camper Sales
Casino /Gaming Center
Cemetery
Cesspool Cleaning
Chick hatchery
Concrete Construction Service
Construction equipment sates
Convenience Store
Disinfecting Services
Drag strip
Drive -in theatre
Exterminating services
Fairgrounds
Fence construction company
Fuel oil sales
Gas Service Station
Gas Station
Go -kart track
Golf Driving range
Halfway house
Janitorial service
Juvenile Delinquency Center
Kennel (as primary use)
Landfill
Lumber yard
Mini - storage warehouses (as a primary use)
Monument sates
Motor vehicle repair and tire shops
Motorcycle Sates
Oil Well Drilling and Cleaning Establishment
Outdoor Kennels (not a part of veterinary or grooming business)
Outdoor Recreation including amusement parks
Outdoor storage of any kind as the principal use
5
• Plastic material sales
• Portable building sales
• Portable storage
• Power Plant
• Pre - Retease Center
• Race tracks (animal or vehicle)
• Sexually- oriented businesses
• Shooting range (outdoor)
• Taxidermist
• Truck rentals
• Truck stop
• Vending sales and service
• Woodworking shop
• Wrecker Yards
B. NON- CONFORMING USES
Non - conforming properties and /or uses, which existed as of the date
these regulations became effective, shall be allowed to continue in the
same manner after the effective date of these regulations. However,
such non - conforming properties and /or uses shall be subject to these
regulations if feasible when: .
1. A property owner requests any zoning change;
2. The principle use on the property is discontinued for a period of six
(6) calendar months;
3. The property is destroyed or significantly altered (60% or greater);
4. Enlargements or improvements are made to the structures on the
property that increase the gross square footage by 25%
C. EXISTING USES
1. SINGLE FAMILY RESIDENTIAL - The Downtown Overlay shalt not affect
existing single family residential uses. Said uses may continue to exist
in perpetuity until such time as they are redeveloped or rezoned for
another use.
2. PREVIOUSLY APPROVED PROJECTS OR DEVELOPMENT - Any project
or development that has approved development plans or had plans
submitted and under review prior to the effective date of this section
shalt not be required to comply with these regulations. Previous
approvals remain valid unless the approval date lapses or changes are
made to previous approvals. This shall refer to site plans, building
plans, Planned Unit Developments or Specific Use Permits submitted
prior to the effective date of this section. Said project shall still be
required to comply with the zoning regulations in effect at that time.
An approved plat shalt not constitute approval of a project. The
Administrator shall determine if a project meets these criteria.
860.5.5 LANDSCAPE REQUIRMENTS
Development and or redevelopment shalt comply with Chapter 20 of the
Owasso Zoning Code whenever possible. Smaller and unique developments
shalt provide a landscape plan that shall be approved by the Administrator.
860.5.6 GENERAL REQUIREMENTS
A. All development shall follow City of Owasso procedures and requirements
described in Section 2, General Provision, except as noted in this Section.
B. Architectural details and /or drawings shalt be submitted to the
Community Development Department at the time of site plan submittal.
Architectural plans shalt depict architectural details outlined in this
Section and consist of:
Preliminary renderings or drawings of building elevations plus typical
cross sections to clearly define the character of the project and to
ensure these provisions are met; and
Clearly described exterior building materials to indicate compliance
with this Section. The Administrator shall review the proposed
building materials for compliance..
860.5.7 BUILDING AND SITE DESIGN STANDARDS
A. BUILDING ENTRANCE
Primary building entrances shall be clearly defined, and shall be recessed
or framed by a sheltering element such as an awning, arcade, overhang,
or portico (in order to provide weather protection for pedestrians). Public
entrances flush with the building wall with no cover are discouraged.
Awnings are encouraged.
Awning Standards
• Awnings for a building fagade shall be of compatible color, took, shape
and height.
• Canvas or acrylic materials are encouraged. Aluminum, wood, or
plastic awnings are prohibited.
• The store name may be painted on the awning (subject to review and
approval of the administrator).
• Awning hardware shall not be visible.
• Awnings shall provide vertical clearance of no less than 8 feet above
sidewalks.
• Awnings are not allowed to overhang over vehicular traffic ways.
B. OFF STREET PARKING
Off street parking areas are encouraged to be located to the side or rear
of buildings or in the interior of a block whenever possible. Properties
along Main Street shall be required to have the building located along the
front property line. Loading areas shalt be located behind the main
building and screened in accordance with Chapter 20. ALL parking lots,
drives, aisles and other elements shall comply with Chapter 9 of the
Owasso Zoning Code.
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C. BUILDING SETBACK
It is the intent of this chapter to enhance and preserve the character of
the overlay by promoting parking area placement to the rear of lots or
along the sides of buildings and bring visually pleasing building
architecture to the street, therefore building setbacks along public street
frontage may be eliminated with a zero (0) foot setback when possible.
Provisions for public sidewalks shall always be made. Public spaces for
dining and display are encouraged between the building frontages and the
public sidewalk, as long as a six (6) foot clear path of travel is maintained
at all times. Side setbacks shalt not be required, so long as buildings
meet all building codes and fire rating standards.
D. OUTDOOR SPACE
Outdoor seating areas, fountains, plazas, courtyards and other elements
are encouraged to create a unique, interesting and walkable downtown
area.
E. SIDEWALKS
All buildings, parking areas, public spaces, amenity features, and
adjoining developments of similar use, shalt be linked with sidewalks.
Sidewalks shall be provided along public streets that provide access to the
development. Sidewalks shall be constructed in accordance with the
standards for sidewalks are required as set forth in City of Owasso
Engineering Standards.
F. EXTERIOR MATERIALS
Exterior building materials shall include brick, glass, split -faced concrete
block, stone, stucco, synthetic stucco, or cement -board or wood siding.
Metal may be used only as accent material, and cumulatively may not
exceed ten (10) percent of the area of any individual exterior wall along
any public street. Pre - fabricated or engineered metal buildings are not
allowed, though metal can be used as a construction material if covered
with one of the allowed materials. These provisions shall not apply to
roofs.
G. ROOF PITCH
Flat roofs and roofs with a pitch of less than 3:12 require a parapet watt.
Roofs and screening shall comply with the regulations set forth in Chapter
20 of the Owasso Zoning Code. Eaves a minimum of one (1) foot from the
building face shall profile a pitched roof. Roofing for pitched roofs
greater than 6:12 shalt be wood, tile, slate, architectural asphalt
shingles, or low - reflectivity metal (flat or matte finish). No roof shalt
cause water to drain or flow directly onto any public way or sidewalk.
Rainwater shalt be collected and piped into storm drain systems or
cisterns. Bio- swates, rain gardens or. other LID technics .are highly
encouraged.
H. ELECTRICAL AND SERVICES EQUIPMENT
HVAC and similar types of incidental machinery or equipment shall be
screened from view in accordance with Chapter 20. Utility meters,
aboveground tanks, satellite dishes and antennas shall also be screened
from view. Walt- mounted mechanical equipment that extends six inches
(6 ") or less from the outer building wall shall be designed to blend in with
the color and architectural design of the subject building. Unless a waiver
is authorized by the City Council, all electrical and telephone lines and
wires including, but not limited . to, street lighting, shall be placed
underground. Feeder and other major transmission lines may remain
overhead. All utility installation shall conform to the City's adopted
Technical Standards and Specifications. All utility service lines shall be
located underground when feasible. This shalt not apply to existing uses
or single- family homes.
WALL ARTICULATION
Facades shalt have a recognizable "base" consisting of (but not limited to):
walls, ledges, sills, integrally textured materials (such as stone or other
masonry), integrally colored and patterned materials, or planters.
Facades shall also have a recognizable "top" consisting of (but not limited
to): cornice treatments with integrally textured materials (other than
colored "stripes" or "bands "), sloping roofs (with overhangs and brackets),
or stepped parapets. All sides of a building and any accessory structure
shall utilize materials and design characteristics consistent with those of
the front facade. In order to prevent large flat expanses of featureless
exterior walls, structures having single walls exceeding twenty five feet
(25') in length shall incorporate one or more of the following features at
least every twenty five feet (25') in length
1. Changes in color, graphical patterning, changes in texture, or
changes in material
2. Projections, recesses, and reveals, expressing structural bays or
other aspects of the architecture with a minimum change of
plane of twelve inches (12 ")
3. Windows and fenestration
4. Gable projections
5. Horizontal /vertical breaks
6. Other similar techniques
M. SIGNAGE
Signs shalt be permitted in accordance with Chapter 18 of the Owasso
Zoning Code, with the following exceptions:
1. Pole signs in this district are not allowed.
2. Signs are encouraged to be attached to buildings and located on the
face of buildings. Alt signs not attached to buildings should be of
monument form and constructed of materials that complement the
main building(s).
3. All signs not attached to buildings shall be set in a landscaped bed.
4. Maximum height for signage not attached to a building shall be six (6)
feet.
5. Full video message boards and signs are prohibited within the
Downtown Overlay District.
6. Larger and multi - tenant developments shall be allowed to use the
Unified Sign Permit process and are encouraged to do so.
7. Signage overhanging the public sidewalk shall be allowed where
building faces are adjacent to property lines. Signs shall be at least
eight (8) feet above the sidewalk and shall require a sign permit. (see
figure below).
8. All signs not attached to buildings should be of monument form and
constructed of materials that complement the main building(s).
10
N. BUILDING ORIENTATION
All primary buildings on lots or tracts with frontage on streets within the
District, especially Main Street and E 76'h St N. are encouraged to be
oriented towards the street. If any such building is on a lot or tract with a
second frontage, it shall have equally detailed and prominent facades,
constructed of equally high quality materials, facing both the primary
street and the secondary street. All buildings are encouraged to be
oriented towards the front of the tot, with parking lots towards the rear
or alongside buildings.
O. COMMERICIAL DRIVE THROUGH LANES
Drive -thru facilities are discouraged in the district. If drive -thru facilities
are constructed as a part of the principal use, they shalt be
architecturally integrated with the main building.
P. SCREEENING OF REFUSE COLLECTION AND LOADING AREAS
Refuse collection areas shall be screened in accordance with Chapter 20.
In order to reduce the visual and acoustic impacts of these functions on
adjacent properties and public streets, non - enclosed service, storage, and
off - street loading areas shall be screened with opaque sight - obscuring
walls and /or fences of between six feet (6') and eight feet (8') in height
made of durable materials. Screening materials shall be the same as, or
of equal quality to, the materials used for the primary building and
landscaping.
Q. MIXED USE DEVELOPMENTS
Buildings in the District are encouraged to contain ground floor retail or
restaurant spaces. Multi -story buildings are encouraged, with a mix of
uses (office, retail /commercial, residential).
11
Residential uses above commercial spaces are encouraged and shall be
allowed by -right in this district, subject to meeting adopted fire and
building code requirements.
R. SIDEWALK UTILIZATION
Sidewalk cafes and room for sidewalk retail sales outside of businesses is
encouraged. A minimum of six (6) feet of public travel path shall be
maintained at all times and sidewalk business shall not impede this travel
area at any time. Businesses shall be required to carry insurance for
sidewalk space that holds the City of Owasso harmless and submit site
plans for outside activity for approval by the City.
S. PARKING
1. Parking shall be designed in accordance with the Zoning Code.
2. The Administrator may waive or alter parking requirements on unique
Lots on a case -by -case basis.
3. Multi - family developments shalt provide at least one parking space
per unit and are encouraged to meet current parking standards. The
Community Development Administrator shalt determine parking
requirements.
4. Public parking is encouraged with any new developments and can be
counted towards parking requirements (except residential parking
minimums). Developers shalt work with the City to review and design
public parking -arrangements.
5. If on street parking is present or permitted on adjacent streets, said
parking spaces may be considered to meet or augment parking
requirements. An inventory of such spaces shall be made and reviewed
against the parking needs of other businesses in the vicinity.
T. MULTI - FAMILY DEVELOPMENT
Individual multi- family developments in excess of six (6) units shall
proceed through the rezoning and PUD process in accordance with the
Zoning Code. For multi - family developments of six (6) units or less, the
project shall only be required to rezone to the appropriate multi - (amity
district (unless already zoned commercial) and proceed through
administrative site plan review. ALL additional standards shall be met.
U. RESIDENTIAL DEVELOPMENT
Residential redevelopment is encouraged, with mixed -use, multi - family,
townhome, triplex and duplex development. 1 and 2- family residential
development shall be allowed on any residentially -zoned lot.
Development of up to 6 dwelling units shalt be allowed by -right on any
commercially zoned lot.
STORMWATER DETENTION
Detention shall only be required on new development that increases the
impervious area. ALL detention requirements shall be determined by the
Owasso Public Works Department. These requirements shall not be
applicable to residential dwellings up to 6- units.
12
W. FLOOR AREA RATIO (FAR)
There shall be no Floor Area Ratio (FAR) requirements in the district.
X. AMENITIES
1. Smaller multi- family developments shall not be required to meet the
amenity requirements established in the PUD Chapter of the Zoning
Code. Amenities should be placed internally when possible in larger
multi - family developments (workout room, rec room, pool area, etc,),
unless said amenities are made available to the public.
2. Commercial developments are encouraged to provide public
amenities whenever possible (benches, fountains, play areas, plaza
areas, etc.)
Y. EXCESS RIGHT -OF -WAY (ROW)
When development occurs along public rights -of -way that have excess
ROW (ex. Non - arterials with 70' ROW width), closing of the public ROW
shall be encouraged where possible. An alternative is to provide public
parking stalls in these areas. Closing of right -of -way shall be subject to
approval of the Owasso Public Works Department
Z. ADMINISTRATIVE REVIEW
Unless cited within this chapter or another section of the Owasso Zoning
Code, review of these guidelines shall be performed at the Administrative
level. The Administrator and /or his designee may approve variations to
the regulations set forth in this chapter or alternate treatments, so long
as the intent of the ordinance is met.
13
EXHIBIT C
Development Project Assistance Application
OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO 1
ASSISTANCE IN DEVELOPMENT FINANCING
DEVELOPMENT PROJECT ASSISTANCE APPLICATION
The Application must be fully completed before submission to the Community Development
Department of the City of Owasso at 200 S. Main Street, Owasso, Oklahoma 74055. The omission
of requested information may result in delays. The information requested is necessary to
conduct a thorough financial and economic analysis of the proposed project. Please include any
supplemental information, as may be necessary for purposes of analysis.
I. Applicant /Owner Information
Name of Applicant:
Title:
Address:
Contact Information
Address:
Phone Number(s):
Email(s):
Name of Business:
Type of Business (LLC, LP, etc.):
Contact Information for Key Project Participants:
II. Project Site Information
Address of Project Site:
Attach Map(s) of Project Site
Legal Description of Project:
1
DRAFT 2 -7 -17
Square Footage and Dimensions of Project Site:
Existing Zoning of Project Site:
Description of Existing Improvements:
III. Project Information
Name of Project:
Description of Project:
Market and Financial Feasibility of Project:
Public Improvements Necessary for Project:
Project Costs
Construction Costs:
Architectural and Engineering Fees:
Other Professional Fees:
Developer Fee:
TOTAL:
IV. Financial Information
Proposed Sources of Funds
Permanent Financing:
Equity:
Public Funds:
2
DRAFT 2 -7 -17
Other:
Attach the following documents:
Balance Sheet, dated December 31 of past year and current year -to -date
Income Statement, past calendar year and current year -to -date
Cash Flow Statement, past calendar year and current year -to -date
Project Development Pro Forma
Tenant Occupancy Schedule
Letters of Intent and /or Contracts
Applicant hereby certifies that all information, including all documents and materials submitted
with this Application, are true to his /her best knowledge and belief and are submitted for the
purpose of consideration of assistance in development financing, consistent with and pursuant
to the Owasso Redbud District Project Plan and the Policy Guide.
Applicant:
Name (Print)
Signature
Date
DRAFT 2 -7 -17
EXHIBIT D
Small Business Enhancement Application
OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO. 1
ASSISTANCE IN DEVELOPMENT FINANCING
SMALL BUSINESS ENHANCEMENT APPLICATION
The Application must be fully completed before submission to the Community Development
Department of the City of Owasso at 200 S. Main Street, Owasso, Oklahoma 74055. The omission
of requested information may result in delays. Please include any supplemental information, as
may be necessary for purposes of analysis.
Business Name:
Address:
Contact Person /Owner:
Phone Number:
Email:
What are the proposed improvements to the property?
What dollar amount are you requesting?
What is the proposed total cost of the improvements? (Please provide any quotes for materials,
supplies, labor as an attachment to this application.)
What is the source(s) of funds that is available to complete the improvements and match the
amount you are requesting?
DRAFT 2 -7 -17
What impact would the proposed improvements have on your business? (increased customer
traffic, increased sales, visibility, ability to add a new product or service, etc.)
Why do you believe the proposed improvements are a worthy endeavor for your business?
Is this property owned by someone other than the applicant? If yes, please attach letter from
property owner agreeing to allow requested improvements to occur.
Please attach any additional information (pictures, schematics, documentation, quotes,
accompanying information, etc.) with the application.
Applicant hereby certifies that all information, including all documents and materials submitted
with this Application, are true to his /her best knowledge and belief and are submitted for the
purpose of consideration of assistance in development financing, consistent with and pursuant
to the Owasso Redbud District Project Plan and the Policy Guide.
Applicant:
Name (Print)
Signature
Date
DRAFT 2 -7 -17
EXHIBIT E
Employment Generation Assistance Application
OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO 1
ASSISTANCE IN DEVELOPMENT FINANCING
EMPLOYMENT GENERATION ASSISTANCE APPLICATION
The Application must be fully completed before submission to the Community Development
Department of the City of Owasso at 200 S. Main Street, Owasso, Oklahoma 74055. The omission
of requested information may result in delays. Please include any supplemental information, as
may be necessary for purposes of analysis.
Applicant Information
Business Name:
Type of Business (LLC, LP, etc.):
Address:
Contact Person /Owner:
Phone Number:
f�"fi M
II. Project Information
Name of Project /Business:
Description of Project /Business:
Market and Financial Feasibility of Project /Business:
Public Improvements Necessary for Project /Business:
Projected Number of New Jobs:
DRAFT 2 -7 -17
Description of New Jobs:
Description of the Need for Public Assistance:
Impact of Project on Existing Business:
Impact of Project /Business on Community:
Please attach any additional information (pictures, schematics, documentation, accompanying
information, etc.) with the application.
Applicant hereby certifies that all information, including all documents and materials submitted
with this Application, are true to his /her best knowledge and belief and are submitted for the
purpose of consideration of assistance in development financing, consistent with and pursuant
to the Owasso Redbud District Project Plan and the Policy Guide.
Applicant:
Name (Print)
Signature
Date
PIA-1121162M
O—T YC ty Wit out Limits.
TO: Honorable Mayor and City Council
City of Owasso
FROM: Bronce Stephenson, Director of Community Development
SUBJECT: Annexation (OA- 16 -05)
DATE: February 10, 2017
BACKGROUND:
The Community Development Department has received an annexation application for review
and approval from the City of Owasso. The property is approximately 20 acres and is located
northeast of McCarty Park at 8200 N 91 E Ave. The property is unplatted with most of it being in
the 100 -year floodplain and the present zoning on the property is AG (Agriculture).
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use Plan
" Jurisdiction
North
AG (Agriculture)
Residential
Commercial
Tulsa County
South
AG (Agriculture]
Outdoor
Recreation
Parks & Recreation
City of Owasso
East
AG (Agriculture)
Undeveloped
Residential/
Tulsa County
Parks & Recreation
West
AG (Agriculture)
Residential/
Residential/
Tulsa County
Recreational
Parks & Recreation
SUBJECT PROPERTY /PROJECT DATA:
Pro' a Size
20 acres
Current Zoning
AG (Agriculture)
Pro` osed Use,
Park southern portion)
Lots /Blocks '
N/A
Number of Reserve Areas
N/A
Within PUD? '
N/A
Within Overlay District?
No
Water Provider /District
Washington Co. District 3
Streets (public or private)
N/A
ANALYSIS:
The City of Owasso is requesting that this property be annexed into its corporate limits. The
property was gifted to the City by the Larkin Bailey Trust, is currently zoned AG (Agriculture) and
a majority of the land lies in the 100 -year Floodplain. A portion of this property would
accommodate a proposed dog park that would be financed with the excess Vision 2025 funds.
The remaining portion of the property will remain undeveloped for the immediate time, with the
possibility of future park and recreation uses.
Upon annexation the property will be subject t o
ordinances of the City of Owasso, including, but
detention, sidewalks, life safety, and landscaping.
COMPREHENSIVE PLAN CONSISTENCY:
all development standards, codes and
not limited to paved streets, storm water
The GrOwasso 2030 Land Use Master Plan calls for Residential and Parks & Recreation
development on the subject property. The proposed use of a dog park conforms to the Land
Use Master Plan.
ANNEXATION COMMITTEE:
The Annexation Committee met on January 25, 2017, and determined that the property could
adequately be served by utilities, Police, Fire and EMS services. The committee recommended
approval of OA- 16 -05.
PLANNING COMMISSION:
The Planning Commission will consider this item at their regularly scheduled meeting on February
13, 2017.
ATTACHMENTS:
Draft Ordinance
Aerial Map
INCOG Area /Zoning Map
CITY OF OWASSO, OKLAHOMA
ORDINANCE DRAFT
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF
OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY REFERENCED IN
APPLICATION OA 16 -05 AND AS SET FORTH FULLY BELOW
WHEREAS, public hearings have been held regarding the request for annexation of the
property herein described as located northeast of McCarty Park at 8200 N 91 E Avenue; and
WHEREAS, the Owasso City Council has considered the recommendation of the Owasso
Annexation Committee, the Owasso Planning Commission and all statements for or against the
requested annexation the property referenced in application OA- 16 -05.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
SECTION 1.
TRACTS OF LAND LOCATED IN THE NORTHEAST QUARTER (NE /4) OF SECTION TWENTY -FIVE (25),
TOWNSHIP TWENTY -ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND
MERIDIAN (1.6. & M), TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
TRACT #1: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE /4) OF
SECTION TWENTY -FIVE (25), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF
THE I.B. & M; THENCE SOUTH 88 039'54" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER
(SE /4) A DISTANCE OF 1322.17 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF (E /2) OF SAID
SOUTHEAST QUARTER (SE /4); THENCE NORTH 01 °49'11" WEST A DISTANCE OF 2642.37 FEET TO A
POINT BEING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE /4) OF THE NORTHEAST
QUARTER (NE /4) OF SAID SECTION TWENTY -FIVE (25) LOCATED ON THE PRESENT NORTHERLY
RAILROAD RIGHT -OF -WAY; THENCE NORTH 01 °50'09" WEST A DISTANCE OF 330.50 FEET TO THE
POINT OF BEGINNING; THENCE N 01050'09" WEST A DISTANCE OF 330.52 FEET TO NORTHWEST
CORNER OF THE SOUTHWEST QUARTER(SW /4) OF SAID SOUTHEAST QUARTER (SE /4) NORTHEAST
QUARTER (NE /4); THENCE NORTH 88 041'55" EAST A DISTANCE OF 657.48 FEET TO THE SOUTHWEST
CORNER OF THE NORTHEAST QUARTER (NE /4) OF SAID SOUTHEAST QUARTER (SE /4) NORTHEAST
QUARTER (NE /4); THENCE SOUTH 01 °53'31" EAST A DISTANCE OF 330.52 FEET; THENCE SOUTH
88 041'55" WEST A DISTANCE OF 657.80 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.99
ACRES, MORE OR LESS; AND
TRACT #2: THE NORTHWEST QUARTER (NW /4) OF THE SOUTHEAST QUARTER (SE /4) OF THE
NORTHEAST QUARTER (NE /4) OF SECTION TWENTY -FIVE (25), TOWNSHIP TWENTY -ONE (21) NORTH,
RANGE THIRTEEN (13) EAST OF THE I.B. & M AND CONTAINING 9.97 ACRES, MORE OR LESS; AND
TRACT #3: THE SOUTH HALF (S /2) OF THE SOUTHWEST QUARTER (SW /4) OF THE NORTHEAST
QUARTER (NE /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION TWENTY -FIVE (25), TOWNSHIP
TWENTY -ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE I.B. & M AND CONTAINING 5.02
ACRES, MORE OR LESS.
The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma,
and its corporate limits thereof and the same is hereby zoned AG (Agriculture). All persons
residing therein, and all property situated thereon, shall be subject to the jurisdiction, control,
laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars.
SECTION 2.
That from and after the passage and publication of this Ordinance, the real estate and territory
described above shall be a part of the City of Owasso, Oklahoma, and in Ward Four.
SECTION 3.
All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION 4.
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION 5.
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION 6.
That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and
correct copy of this Ordinance and correct map of the territory annexed.
PASSED AND APPROVED this _ day of February, 2017,
Lyndell Dunn, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
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LEGEND
Owasso Corporate Limits
/ ��M�87�1Subject o toa zoo 400 N
300' Radius F/ Tract �A 16 -05 I I I 25 21 -13
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ate'
The City W, t--"- Limits.
TO: Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson, MPA
Director of Community Development
SUBJECT: Annexation (OA 17 -01)
DATE: February 10, 2017
BACKGROUND:
The City of Owasso received an application for review and approval of an annexation request
for property located east of the intersection of E 106th St N and N Garnett Rd on the north side of
E 106th St N. The property is approximately 34.98 acres.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use
Jurisdiction
N/A
Lots /Blocks
N/A
Plan
N/A
Within P U D?
RS -3 (Single - Family
Within 'Overlay `District?
No
Water Provider /District
North
Residential High
Residential
Residential
City of
wasso
Owasso
South
AG (Agriculture)
Residential
Transitional
Tulsa County
East
AG (Agriculture)
Residential
Residential/
Tulsa County
Transitional
CS (Commercial
Undeveloped
Commercial/
City of
West
Shopping) /AG
/Residential
Transitional
Owasso /Tulsa
A riculture
Count
SUBJECT PROPERTY /PROJECT DATA:
Property Size
34.98 acres
Current Zoning
AG (Agriculture)
Proposed Use
N/A
Lots /Blocks
N/A
Number of Reserve Areas
N/A
Within P U D?
N/A
Within 'Overlay `District?
No
Water Provider /District
Washington County Rural Water District # 3 & City of
Owasso
Applicable Paybacks
City of Owasso Storm Siren Fee ($35.00 /acre)
Meadowcrest Sewer Relief Area $867.00 /acre
Streets' (public or private) ''
N/A
ANALYSIS:
The Community Development Department received an application requesting the annexation
of the subject property into the City of Owasso corporate limits. The property is comprised of
three commonly -owned parcels that are currently located in Tulsa County. Each of the three
tracts is zoned AG (Agriculture), and the applicant is not requesting a zoning change with this
annexation request. The subject property is within close proximity to public water and sewer
lines. The property was previously used for large -lot residential and agricultural purposes and is
currently undeveloped.
Any development that occurs on the subject property must adhere to all subdivision, zoning,
and engineering requirements of the City of Owasso, including but not limited to paved streets,
landscaping, and sidewalks.
ANNEXATION COMMITTEE:
The Annexation Committee met on January 25, 2017, and determined that the property could
adequately be served by utilities, Police, Fire and EMS services. The committee recommended
approval of OA 17 -01.
PLANNING COMMISSION:
The Planning Commission will consider this item at their regularly scheduled meeting on February
13, 2017.
ATTACHMENTS:
Aerial Map
INCOG Area /Zoning Map
Ordinance - Draft
Annexation
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CITY OF OWASSO, OKLAHOMA
ORDINANCE DRAFT
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO,
OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA
17 -01 AND AS SET FORTH FULLY BELOW
WHEREAS, public hearings have been held regarding the request for annexation of the
property herein described as located east of the intersection of E 106 St North and N Garnett
Road on the north side of E 106 St North; and,
WHEREAS, the Owasso City Council has considered the recommendation of the Owasso
Annexation Committee, the Owasso Planning Commission and all statements for or against the
requested annexation the property referenced in application OA- 17 -01.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
A TRACT OF LAND THAT IS A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE /4
SW /4) OF SECTION EIGHT (8), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF
THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW /4) OF SAID
SECTION 8; THENCE SOUTH 88 04311 WEST AND ALONG THE SOUTH LINE OF SAID SW /4, FOR A
DISTANCE OF 314.60 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 88 °43'11" WEST AND CONTINUING ALONG SAID SOUTH LINE, FOR A DISTANCE OF
676.97 FEET TO A POINT AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SW /4 SW /4 SE /4
SW /4) OF SAID SECTION 8; THENCE NORTH 112017" WEST AND ALONG THE EAST LINE OF SAID SW /4
SW /4 SE /4 SW /4, FOR A DISTANCE OF 330.03 FEET TO THE NORTHEAST CORNER THEREOF; THENCE
SOUTH 88 043'27" WEST AND ALONG THE NORTH LINE OF SAID SW /4 SW /4 SE /4 SW /4, FOR A
DISTANCE OF 330.61 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 1 021'10" WEST
AND ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 8, FOR A DISTANCE OF 990.15 FEET TO A POINT ON THE SOUTH LINE OF BLOCK FIVE (5)
"MAPLE GLEN II ", ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6365); THENCE NORTH 88 044'14" EAST
AND ALONG THE SOUTH LINE OF SAID BLOCK FIVE (5), THE SOUTH LINE OF BLOCK FOUR (4),
"MAPLE GLEN III ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6474), AND THE SOUTH LINE OF BLOCK
TWO (2), "MAPLE GLEN IV ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6519), FOR A DISTANCE
OF 1323.44 FEET TO A POINT AT THE SOUTHEAST CORNER OF SAID BLOCK TWO (2); THENCE SOUTH
1 01739" EAST AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER (SW /4) OF SAID SECTION 8,
FOR A DISTANCE OF 959.80 FEET; THENCE SOUTH 88 °43'11" WEST FOR A DISTANCE OF 314.60 FEET;
THENCE SOUTH 1017'39" EAST AND FOR A DISTANCE OF 360.00 FEET TO THE POINT OF BEGINNING;
The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma,
and its corporate limits thereof and the same is hereby zoned AG (Agriculture). All persons
residing therein, and all property situated thereon, shall be subject to the jurisdiction, control,
laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars.
SECTION 2.
That from and after the passage and publication of this Ordinance, the real estate and territory
described above shall be a part of the City of Owasso, Oklahoma, and in Ward Two.
SECTION 3.
All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION 4.
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION 5.
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION 6.
That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and
correct copy of this Ordinance and correct map of the territory annexed.
PASSED AND APPROVED this day of February, 2017.
Lyndell Dunn, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
Real People •Real Character •Real Community
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Chelsea Feary
Economic Development Director
SUBJECT: Letter of Agreement
Garrett Creek Development, LLC
DATE: February 10, 2017
BACKGROUND:
Garrett Creek Development, LLC is the owner and developer of thirty acres of Commercial
Shopping (CS) land on the east side of US -HWY 169. The property is located south of the Garrett
Creek Commercial Shopping Center (on the southeast corner of East 1 16th Street North and US
HWY 169) and north of the Rejoice Christian Academy campus on North 135th East Avenue.
Since Garrett Creek Development, LLC purchased the property in October 2009, they have
communicated the need for the service road extension in order to develop the property. Last
September, the managing partners of Garrett Creek Development, LLC proposed a $250,000
contribution, with conditions, toward the construction of the service road.
West Frontage Road Project - North 1351h East Avenue Extension:
North 1351h East Avenue serves as the western service road of US HWY 169. Currently, the service
road commences from the north edge of McDonald's and Walgreen's on the north side of East
1 16th Street North to the southern edge of the southern driveway into Reasor's on the south side
of East 116th Street North. This service road has only one access direction from East I I 61 Street
North thus funneling all traffic through the same corridor.
Extending the service road would provide another access point for commercial areas, reduce
the amount of congestion on limited intersections, increase the access availability for
emergency vehicles and in turn provide for further economic growth in areas that are currently
inaccessible.
On February 7, 2017, the City Council approved a contract with Crafton Tull for the engineering
design of the frontage road project. The project is included in the Capital Improvements Plan.
AGREEMENT:
Staff has worked with Garrett Creek Development, LLC to prepare the attached proposed letter
of agreement with the following terms:
SERVICES TO BE RENDERED
The City of Owasso agrees to construct a service road between East 106th Street North and East
1 16th Street North along the west side of U.S. Highway 169.
The improvements will consist of a three -lane roadway section with curb and gutter,
underground stormwater conveyance, sidewalk and white fence adjacent to HWY 169.
PROJECT COSTS AND FUNDING
The total estimated project cost for the construction of the frontage road is $1.9 million.
$1,650,000 will be funded by the Capital Improvements Fund. $250,000 will be funded by Garrett
Creek Development, LLC.
ESTIMATED TIMELINE
Engineering Design, Land Acquisition and Utility Relocation: March 2017 to October 2017
Construction: January 2018 to July 2018
PROJECT TERMS
(1) The project construction will flow from north to south, since Garrett Creek Development, LLC
is actively marketing the remaining thirty (30) acres of their land.
(2) If the Garrett Creek Development, LLC land sells during the construction of the road, the City
of Owasso will allow access to the site for development.
(3) The City of Owasso will complete the project by December 31, 2018, barring any unforeseen
delays or acts of nature.
(4) Garrett Creek Development, LLC will deliver payment upon completion of the project.
PROPOSED ACTION:
Staff will recommend approval of the attached letter of agreement between the City of Owasso
and Garrett Creek Development, LLC for the construction of the service road between East
106th Street North and East 1 16th Street North along the west side of U.S. Highway 169.
ATTACHMENTS:
Letter of Agreement
Location Map
Real People •Real Character• Real Communiry
... removing
obstacles
'.
in the way
=
celebrating
their lives.
February 7, 2017
Mr. Michael Love
Managing Member
Garrett Creek Development, LLC
16200 Sonoma Park Drive
Edmond, OK 73013
Dear Mr. Love:
This letter serves as a formal agreement between Garrett Creek Development, LLC and the City
of Owasso accepting your contribution in the amount of $250,000 toward the construction of a
service road adjacent to and accessing your commercial property.
SERVICES TO BE RENDERED
The City of Owasso agrees to construct a service road between East 106th Street North and East
1 16th Street North along the west side of U.S. Highway 169.
The improvements will consist of a three -lane roadway section with curb and gutter,
underground stormwater conveyance, sidewalk and white fence adjacent to HWY 169.
PROJECT COSTS AND FUNDING
The total estimated project cost for the construction of the frontage road is $1.9 million.
$1,650,000 will be funded by the Capital Improvements Fund. $250,000 will be funded by Garrett
Creek Development, LLC.
ESTIMATED TIMELINE
Engineering Design, Land Acquisition and Utility Relocation: March 2017 to October 2017
Construction: January 2018 to July 2018
TERMS OF PAYMENT
(1) The project construction will flow from north to south, since Garrett Creek Development, LLC
is actively selling the remaining thirty (30) acres of their land.
(2) If the Garrett Creek Development, LLC land sells during the construction of the road, the City
of Owasso will allow access to the site for development.
(3) The City of Owasso will complete the project by December 31, 2018, barring any unforeseen
delays or acts of nature.
(4) Garrett Creek Development, LLC will deliver payment upon completion of the project
200 S Main St 1 (918) 376 -1500
PO Box 180 City of Owasso FAX (918) 376 -1599
Owasso, OK 74055 A City Of Character www.cityofowasso.com
January 27, 2017
Page 2
Mayor
City Manager
City Clerk
Signature, Garrett Creek Development, LLC
Date
Date
N 135 E Ave - Service Road improvements
1" = 1.505 ft Sub Title 01/24/2017 "? ~`
This map represents a visual display oT related geographic informal m Data provided hereon is not a guarantee of actual lad conditions. 7o be sure of complete atcuay.
ptease contact OsYasso Pu3tic stall for the most up-to -date info ma On.
T out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Scott Chambless
Chief of Police
SUBJECT: Amending the Owasso Code of Ordinances
Part 10, Chapter 8, Alarms
DATE: February 10, 2017
BACKGROUND:
During three previous City Council Work Sessions, the City Council was presented with
information related to the extent of the problem of false alarms in Owasso. Proposed changes to
the city alarm ordinance have also been presented and discussed.
During the January 10, 2017, Council Work Session, councilors recommended changes in the
proposed alarm fees. Councilors suggested that fees for residential alarms and business alarms
should not be the same.
Staff analysis determined that response to business alarms requires a higher utilization of
resources. Businesses are typically larger than residences and more officers are required to
safely and effectively check doors and windows and search the premises. Hold -up /panic
alarms at businesses result in more officers responding due to the significant risk to innocent
bystanders who may be in the building. Hold -up alarms require officers to set up perimeters to
prevent the potential escape of a robbery suspect. In addition to the perimeter, several officers
must enter the building together for safety reasons.
These factors require additional staff and thus justify higher fees for business alarm response. The
attached proposed fee schedule reflects recommended changes to the alarm fees based on
council recommendations and staff analysis.
The goal at this time is to address any final questions or concerns the City Council has related to
the proposed alarm ordinance and to present the new alarm ordinance for City Council
consideration at the March 7, 2017, City Council meeting. Also, staff intends to present a
resolution related to the alarm ordinance fee schedule at the March 7, 2017, City Council
meeting.
Timing of this initiative has been carefully evaluated by staff. The proposed ordinance includes
an effective date of July 1, 2017. This effective date will allow ample time for educating the
public and contracting with a third party vendor to manage the alarm registration and fee
process.
Registrations would begin on the effective date of the ordinance. The proposed strategy is to
allow two months of registration with no fees being assessed during that time period for failure to
register or for excessive false alarms. This time period would be considered a "grace" period.
The alarm fee resolution will propose that fees for failure to register and excessive alarms begin
on September 1, 2017. The two month grace period will allow ample time for businesses and
residents to become compliant with the new ordinance.
ATTACHMENTS:
Proposed Alarm Ordinance
Proposed Alarm Fees
Alarm Ordinance Memo dated November 4, 2016
Alarm Ordinance - Proposed Fees
Alarm Permit Registration Annual Fee /Renewal
Residential: $50
Commercial: $100
Governmental buildings, schools, etc. $0
Valid, registered alarm holders shall not be charged for the first three false alarm
responses per registration year. After three false alarm responses to a registered location
within a registration year, false alarm fees will be assessed per the fee schedule below.
Non - registered locations shall be charged both for the response and for failure to register
for every response and this shall continue until the location is properly registered.
RESIDENTAL FEES
1 -2 False Intrusion Alarms: $50
3 -4 False Intrusion Alarms: $100
5 or more False Intrusion Alarms: $150
1 -2 False Hold Up /Panic Alarms: $100
3 -4 False Hold Up /Panic Alarms: $200
5 or more False Hold Up /Panic Alarms: $300
Failure to Register Alarm Fee: $100
BUSINESS FEES:
1 -2 False Intrusion Alarms: $100
3 -4 False Intrusion Alarms: $200
5 or more False Intrusion Alarms: $300
1 -2 False Hold Up /Panic Alarms: $200
3 -4 False Hold Up /Panic Alarms: $400
5 or more False Hold Up /Panic Alarms: $600
Failure to Register Alarm Fee: $200
Section 10 -801
Section 10 -802
Section 10 -803
Section 10 -804
. ectron 10 -807
CHAPTER
ALARMS
Legislative Intent
Definitions'
Alarm Registration Required
Response to Business Burglar Alarms
Responsibilities of Police Alarm Own
Section 10 -809 Penalties
Section 10 -810 Appeals Process
SECTION 10 -801 LEGISLATIVE INTENT
Section 10-806. .
The purpose of this chapter is to reduce the frequency of false alarms and to provide the police
department with current alarm user contact information by establishing standards and controls for various — oeaeted: a1. provider
............ _.- ..._._._._.-------------- -- ........................................................
types of alarm devices. (Ord. No. 902, 9/04/07)
SECTION 10 -802 DEFINITIONS
The following terms used in this chapter have the following meanings unless the context clearly
indicates otherwise:
"Aland" means any activation of a police alarm device.
"Alarm administrator" means the person or third party business entity designated by the chief of
police to administer the alarm program and to levy fees pursuant to this chapter.
"Alarm appeals administrator" means the person or entity designated by the chief of police to
process appeals to fees assessed against alarm users for false alarms.
"Alarm business" or "alarm provider" means a person or company in the business of installing
servicing, or monitoring police alarm devices at remote alarm sites owned by other persons.
"Alarm dispatch reauest" means the initiation of communications to the police via police dispatch
by an alarm business indicating that a police alarn system has been activated at an alarm site and
,requesting the police department to respond.
user' means any person. £min, partnership. corporation or other entity who (which):
1 controls a security alarm system start alarm site:
2. is named on the alarm registration: and
3. is financially responsible for the operation of an alarm system.
10 -805 .. Response to
As used in the chapter, the tern "alarm user" may mean more than one person, if more than one person
is listed on the reeistration and has accepted financial responsibility for operation of an at= system.
It means the Self - monitored Alarm User when the system is not connected to an Alarm System
Monitoring Comoanv.
"Audible alarm" means any police alarm device designed to produce an audible signal at the
property where it is installed.
"Cancellation" means a cancellation signal is received indicating a valid user has disarned the
alarm and/or a voice verification has been received by the alarm provider.
"False alarm" means any alarm police respond to that is not triggered by criminal or suspicious
activity. Alarms triggered by weather, faulty equipment, human error, animals, etc. are all considered to
be false alarms for the purposes of this section.
"False alarm fee" means a fee assessed upon an alarm user for a false alarm occurring from their
alarm system and their alarm site.
"Genuine alarm" means any alarm which was triggered by criminal activity.
"Intrusion Alarm" means an alarm which is activated via sensors indicating entry into a secure area
such as a glass break- motion detector, or contact sensor on a window. door- etc.
device" means any device that is designed or used to signal the occurrence of a burglary, robbery, or other
criminal offense. This term does not include an alarm affixed to an automobile nor does it include fire
alarms or medical emergency alarms. (Ord. No. 902, 9/04/07)
"Registered Alarm" means an alarm site that has been duly documented and reported to the city and
for which the appropriate annual fee has been paid.
SECTION 10.803 ALARM REGISTRATION REOUIRED
B. Alarm registrations must be renewed annually and will be valid for one vear from the date of
Purchase.
C The schedule of fees for alarm registration and annual renewal for residential and commercial alarm
sites shall be determined by the City Council.
Deleted: A _ No alarm provider or monitoring
service shall operate an alarm business or provide
alarm service of arty type within the city without first
registering the business with the Owasso Police
Department on fomrs provided by the police
department This section shall be applicable to alarm
services and monitoring services providing services
to residents and businesses within the city, regardless
ofwhere the alarm or monitoring service is located.
Upon registration, the alarm provider or service will
be issued a registration number. Failure Gran alarm
provider or service to register with the police
department at raquhed under this section and obtain
a registration number, or otherwise to be in
compliance with the requirements of this sermon,
will result in a non - response by the police
department to alarms from that provider until such
time as proof of the provider's compliance is
provided to the adefofpolim. Hmvever,thepolice
depa cnent will respond to the types ofalarms set
forth in Section I0404(A) regardless ofthe alarm
provider's compliance with this station. Suchalmm
pmviders shall be required to register with the
Owasso Police Department, and failure to do so may
result in the imposition of a fine upon the alarm
provider, regardless of whether or rim a aon-
resporue by the police department is allowed under
this section.¶
I
B.. No fee shall be charged for any registration
Deleted:
It shall constitute a noise violation and therefore be unlawful to operate a police alarm which fails
to automatically terminate the alarm's audible signal within ten minutes from the time it is activated.
Operation of an alarm that does not automatically terminate the audible signal within ten minutes shall
also be a violation of this chapter and shall be subject to penalties as provided within the police
department's alarm procedures policy. (Or(L No. 902, 9/04/07)
SECTION 10 -807 RESPONSIBLITIES OF POLICE ALARM OWNER
No police alarm owner or user shall fail to:
I. Inspect, maintain, and repair a police alarm device to insure its proper operation.
2. Educate and train all employees and other persons who may in the course of their activities be
in a position to accidentally activate a police alarm device.
3. Assure that a responsible person responds to every activation of a police alarm device within
twenty minutes after being requested to respond by the City's police communications center.
(Ord. No. 902, 9/04/07)
SECTION 10 -808 RIGHT OF INSPECTION
The chief of police, or his or her designee, may inspect any police alarm device in the presence of the
property owner, following notification to the property owner no less than twenty-four (24) hours prior to
the inspection, to determine whether the alarm device is being used in conformity with the provisions of
this chapter. (Ord. No. 902, 9/04/07)
SECTION 10 -809
A. Every false alarm response which has not been cancelled prior to the arrival of a police
officer may be subiect to a false alarm fee.
B Alarm sites with current alarm registrations are entitled to three (3) free false alarm
responses for the calendar year.
C Police patrol supervisors may, utilizing their professional good iudgment, classify an
alarm as a no penalty alarm based on exigent circumstances beyond the control of the alarm user, or in the
event of an alarm which will not reset or other repeating false alarm situation during a shift may
determine that an alarm be temporarily suspended from alarm response in order to prevent excessive fees
for the alarm user or create undo strain on public safety resources.
D False alarm responses to alarm sites that do not have a current alarm registration shall be
subiect to an additional penalty fee for failure to register.
Deleted: SECTION 10804 . RESPONSE TO
EASINESS BURGLAR ALARMSI
I
. In order for a police response to occur, alarm
providers must be in compliance with all applicable
municipal ordinances and codes, and must agree and
adhere to established police department policy. If a
company is net in compliance with said codes or
Policy the polies department will suspend response
to coy alarms from such provider until such time
they provide pmafto the chiefof police that they are
in compliance Officer will only respond to business
burglar alarms done ofthe following conditions
eaisrau
9
. A . An alarm has already been verified ot being
the likely result ofaimind activity through
independent means such ot third patty response,
witness venfimtim, listening devices, vidw
monitoring, or multiple alarms at the same location
during a single incident (i.e., exterior breach alsrm
followed by an interior motion aluns),I
9
.
alarm provider monitoring station of he ale m by
almm provider hm attempted to verify the alarm by
wnracting the alarm user or a representative of the
business by making a minimum of two separate
telephone calls to numbers provided by the business
prior to contacting Owasso Police Communications.
Alarm providers must be willing to confirm thin
multiple verification hot been attempted and be
willing to provide names and telephone information
to Communications if so requested:I
C. The dam provider has not received a
cancellation from the site orate poll alarm. Ica
cancelled. In received, no police have will be
requested. t than a event
cathatpolio have been
r ere (5) and then a eanceinal al is received within
five (d) minutes if goon &rid demo the dorm
provider will notify Polies dispatch to cancel the
officerrespome.1
I
. D.. Any other arms or circumstances that
indicate a response may be needed in detmn
Deleted: A, . After responding to three or more
false dams at the same location, either maidetid or
business, in a twelve (12) month period, the police
department will suspend response to alums at that
location until such time that the darn provider has
provided evidence to the chief ofpolice that the
cfrcumvrancm wining such false drams have been
identified and rwtifiedu
B.. A fine will be imposed upon the alarm user the
fourth time a fain alarm is received m a location
within a twelve (12) month period, and a greater fare
will be imposed upon the alarm user the fifth time a
false than is received from a ]motion within a
twelve (12) month period. A larger freshen be
imposed upon the alarm user on the sixth occasion
that a false alarm is received from a location within
the twelve (12) month period. The alarm user stall
have the maximum fine imposed for each subsequent
C.. The alarm user's license shall again be
suspended its fain alarm occum at the sari
location within ninety (90) dove of a su nci
E. False alarm fees shall be on an escalating fee schedule based on the number of false
alarms during the calendar year.
F. False alarm responses to hold up or panic alarms shall be subject to a higher fee than intrusion alarms
due to the heightened level of response to such alarms.
G. The alarm administrator will be authorized to bill the alarm users on behalf of the city for all fees
accrued due to violations of alarm ordinances.
H. The schedule of fees to be imposed upon an alarm user for false alarm occurrences shall be
determined by the City Council.
SECTION 10 -810 APPEALS PROCESS
Failure to register fees are not subject to appeal. however false alarm fees may be avvealed to the alarm
appeals administrator as follows:
A. The appeal process is initiated by the alarm user sending an appeal notice to the Chief of Police's
designated alarm appeals administrator requestiniz that the false alarm fees be waived andspecifying the
reasons for the appeal.
1. This appeal notice must be received by the alarm appeals administmtor within twenty -one 21)
days after mailing date or email date of the initial invoice to the alarm owner.
2. False Alarm Fees may be appealed only on the grounds that the incident cited m the basis for the
service fee was, in fact, not a false alarm response.
3. The false alarm fee will be waived if the appellant can provide detailed, credible evidence that
supports the contention that the involved incident was a "genuine alarn" w described in Section 10 -802
of this ordinance.
B. If the alarn appeals administrator affvms or modifies the amount of a service fee due. that
amount becomes immediately due and payable.
Appeal decisions are reviewed and approved by the city manager prior to becoming official. The official
decision is final and no further appeals or remedies we available.
Page 3: [1] Deleted Allen, Bill 11/3/2016 12:45:00 PM
SECTION 10 -804 RESPONSE TO BUSINESS BURGLAR ALARMS
In order for a police response to occur, alarm providers must be in compliance with all applicable
municipal ordinances and codes, and must agree and adhere to established police department policy. If a
company is not in compliance with said codes or policy the police department will suspend response to
any alarms from such provider until such time they provide proof to the chief of police that they are in
compliance. Officers will only respond to business burglar alarms if one of the following conditions
exists.
A. An alarm has already been verified as being the likely result of criminal activity through
independent means such as third party response, witness verification, listening devices, video monitoring,
or multiple alarms at the same location during a single incident (i.e., exterior breach alarm followed by an
interior motion alarm).
B. The central monitoring station or office of the alarm provider has attempted to verify the
alarm by contacting the alarm user or a representative of the business by making a minimum of two
separate telephone calls to numbers provided by the business prior to contacting Owasso Police
Communications. Alarm providers must be willing to confirm that multiple verification has been
attempted and be willing to provide names and telephone information to Communications if so requested;
C. The alarm provider has not received a cancellation from the site of the alarm. If a
cancellation is received, no police dispatch will be requested. In the event that police have been requested
and then a cancellation is received within five (5) minutes of the original alarm, the alarm provider will
notify police dispatch to cancel the officer response.
D. Any other events or circumstances that indicate a response may be needed as determined by
the police department. Regardless of verification, police will respond to:
1. Any facility classified as a financial or government institution.
2. Drug facilities (pharmacy, medical facilities).
3. Weapons facilities, such as gun shops or armories.
4. Facilities known to store chemicals that could be used for explosives or drug
manufacturing. Alarm companies are required to notify the department in writing if a facility
contains said chemicals or explosives.
Facilities that contain explosives.
(Ord. No. 902, 9/04/07)
SECTION 10 -805 RESPONSE TO RESIDENTIAL BURGLAR ALARMS
Officers will only respond to residential burglar alarms if they meet the same criteria as established
under Response to Business Burglar Alarms.
A. Alarm providers must be registered with the Owasso Police Department as required by
municipal ordinance. Upon registration the alarm provider will receive a registration number. Failure to
register will result in non- response to alarms by police.
B. Alarm providers must call police communications and cancel a police response if they receive
a cancellation after a police response has already been requested.
C. Officers will respond on all residential panic alarms that are manually activated by a person
in order to ascertain the problem.
(Ord. No. 902, 9/04/07)
Page 3: 12] Deleted Allen, Bill 11/3/2016 12:46:00 PM
A. After responding to three or more false alarms at the same location, either residential or
business, in a twelve (12) month period, the police department will suspend response to alarms at that
location until such time that the alarm provider has provided evidence to the chief of police that the
circumstances causing such false alarms have been identified and rectified.
B. A fine will be imposed upon the alarm user the fourth time a false alarm is received at a
location within a twelve (12) month period, and a greater fine will be imposed upon the alarm user the
fifth time a false alarm is received from a location within a twelve (12) month period. A larger fine shall
be imposed upon the alarm user on the sixth occasion that a false alarm is received from a location within
the twelve (12) month period. The alarm user shall have the maximum fine imposed for each subsequent
fine which occurs within a twelve (12) month period.
C. The alarm user's license shall again be suspended if a false alarm occurs at the same location
within ninety (90) days of a suspension and subsequent reinstatement of alarm response by the Police
Department. Such suspension shall terminate when evidence is provided to the Chief of Police
establishing that the circumstances causing such false alarms have been identified and rectified.
D. The schedule of fines to be imposed upon an alarm user for false alarm occurrences shall be
determined by the chief of police.
(Ord. No. 902, 9/04/07)
nTCity Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Scott Chambless
Chief of Police
SUBJECT: Amending the Owasso Code of Ordinances
Part 10, Chapter 8, Alarms
DATE: November 4, 2016
BACKGROUND:
In 2007, the Owasso City Council approved Part 10, Chapter 8 of the Owasso Code of
Ordinances that regulated residential and business alarms. The goal of the ordinance was to
reduce the number of false alarms to which the police department responded. The current
ordinance mandates that alarm providers register their business with the police department.
There is no registration fee imposed under this ordinance but failure to register a business that
provides alarm services could result in a fine for that business. In the event the business does not
register, the ordinance states that police alarm response will not be provided to companies or
individuals utilizing that business, absent some defined exceptions. The idea behind the current
ordinance was that customers utilizing alarm services would hold their alarm providers
accountable if the alarm provider failed to register an alarm since failure to register meant that
police response may not be provided.
Another provision found in the current alarm ordinance is the imposition of fines and suspension
of alarm response when a business or residence has more than three false alarms within a
calendar year. This provision was intended to hold the business or homeowner accountable for
poorly maintained alarms or failure to properly train employees or family members on the use of
alarms.
ANALYSIS:
For the past year, police staff has been carefully reviewing the effectiveness and practicalities of
the current alarm ordinance. This review validated staff concerns. Research has shown that the
false alarm problem is increasing. The rate of false alarms is outpacing the population growth of
Owasso. The 2007 alarm ordinance was intended to reduce false alarms and the data shows
that this goal is not being achieved.
Response to false alarms is causing significant budgetary concerns. Over the past five years,
false alarms are estimated to have cost the City of Owasso nearly $200,000. In 2015, the police
department responded to 1,917 alarm calls; 99% were for false alarms. The calls equated to
about 914 employee work hours at an estimated cost of $43,000.
False alarms have a significant impact on the ability to serve customers for all other types of
police calls. Alarm calls receive a priority status. Therefore, an officer helping a citizen on a "non -
emergency" call must leave that citizen to respond to an alarm. This results in unsolved
problems, sub - standard investigations, and citizen frustration for lack of attention to their
concerns.
Customer service is a core value of the police department and is critical to maintaining citizen
support. Compromising the quality of work performed on calls for service also impacts problem
solving which may eventually lead to more crime.
Analysis of the current alarm ordinance included researching how other municipalities manage
false alarms. Staff determined that Owasso is not following best practices related to false alarm
reduction. The overwhelming number of cities researched requires citizens and businesses to
register their alarms with the local police department.
Some cities charge fees for this registration and some do not. As noted, Owasso requires the
alarm company /vendor register, not the citizen. Most other communities charge a fee for
excessive alarms whereas Owasso issues citations that are processed through municipal court. In
other communities if an alarm owner does not a pay a "fee," it is sent for civil collections. In
Owasso, if a person does not pay their citation there is the possibility that a warrant could be
issued and the person is then arrested.
Research indicates that false alarms have been reduced substantially in communities where
alarm registration by the alarm owner is required followed by a fee for excessive false alarms. In
some cases, the reductions have been as high as sixty percent.
PROPOSED ALARM ORDINANCE:
The proposed alarm ordinance would eliminate the requirement that alarm providers register
their alarm companies. The proposed change would require individual alarm owners to register
their alarms and would require a fee for that registration. Registration would allow the alarm
owner three false alarm police responses per calendar year. After three responses, a fee would
be assessed. If an owner does not register the alarm, they would be assessed a fee for each
false alarm police response.
The change would result in police responding to most alarm calls regardless of registration. The
current ordinance states that police will not respond if an alarm provider is not registered. The
current ordinance emphasizes suspending alarm response for excessive false alarms, whereas
the proposed ordinance would utilize suspensions only on a very limited basis.
The proposed ordinance is a fee based system in contrast to the current ordinance in which fines
are assessed for failure to register or for excessive false alarms. The fee based system removes
accountability measures from municipal court and places them in a civil collections process.
Currently, failure to pay a citation could result in the arrest of an offender, whereas the proposed
fee system would turn a failure to pay over to collections. The proposed ordinance also includes
an administrative appeals process for fees for excessive false alarms.
In summary, staff has developed a proposed alarm ordinance for City Council consideration
that would:
• Require registration of alarms by property owners,
• Charge a fee for alarm registration,
• Charge a fee for excessive false alarms,
• Provide an administrative appeal process, and
• Replace municipal court citations with a collections process.
ATTACHMENTS:
Proposed Ordinance- Part 10, Chapter S, Alarms
Proposed Alarm Fee Schedule
Monthly 3% Sales Tax Comparisons
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,008
Jul 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
t Actual - -4- -- Budget —tt —Last Year
City of Owasso
Monthly 3% Sales Tax Revenues
Last Five Fiscal Years
2016 -2017 2015 -2016 2014 -2015 2013 -2014 2012 -2013
Jul $
2,108,777 $
2,073,553 $
1,865,194
$
1,704,985
$
1,630,957
Aug $
2,014,531 $
1,973,796 $
1,820,788
$
1,678,483
$
1,521,846
Sep $
1,963,590 $
1,978,203 $
1,832,861
$
1,617,952
$
1,518,488
Oct $
1,965,220 $
2,011,595 $
1,896,451
$
1,677,145
$
1,560,824
Nov $
1,968,688 $
1,851,194 $
1,808,171
$
1,612,339
$
1,447,596
Dec $
1,922,362 $
2,166,025 $
1,862,936
$
1,748,989
$
1,605,740
Jan $
2,277,666 $
2,228,743 $
2,125,525
$
2,073,564
$
1,792,034
Feb $
2,141,174 $
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
$ 16,362,008
$ 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
February 9, 2017
Mar
Apr
May
Jun
Totals $ 16,362,008 65.4% $ 16,912,990 67.6% $ (550,982) -3.3%
Estimated collection on 3% sales tax. Actual breakdown for half -penny collections for current month not yet available
2016 -17
2016 -17
Actual Collections
Budget Projections
Over (Under) Projection
Amount
Percent
Amount
Percent
Amount
Percent
Jul
$ 2,108,777
8.4%
$ 2,093,447
8.4%
$ 15,330
0.7%
Aug
2,014,531
8.0%
2,016,825
8.1%
(2,294)
-0.1%
Sep
1,963,590
7.8%
2,025,584
8.1%
(61,994)
-3.1%
Oct
1,965,220
7.8%
2,077,130
8.3%
(111,910)
-5.4%
Nov
1,968,688
7.9%
1,944,956
7.8%
23,732
1.2%
Dec
1,922,362
7.7%
2,141,396
8.6%
(219,034)
-10.2%
Jan
2,277,666
9.1%
2,314,298
9.2%
(36,632)
-1.6%
Feb
2,141,174
8.6%
2,299,354
9.2%
(158,181)
-6.9%
Mar
Apr
May
Jun
Totals $ 16,362,008 65.4% $ 16,912,990 67.6% $ (550,982) -3.3%
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
February 9, 2017
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Totals
2016 -17
Percent
Amount
of Budget
$ 2,108,777
8.4%
2,014,531
8.0%
1,963,590
7.8%
1,965,220
7.8%
1,968,688
7.9%
1,922,362
7.7%
2,277,666
9.1%
2,141,174
8.6%
2015 -16
Increase or (Decrease)
Percent
Amount
of Actual
Amount
Percent
$ 2,073,553
8.5%
$ 35,224
1.7%
1,973,796
8.1%
40,735
2.1%
1,978,203
8.1%
(14,613)
-0.7%
2,011,595
8.3%
(46,376)
-2.3%
1,851,194
7.6%
117,494
6.3%
2,166,025
8.9%
(243,663)
-11.2%
2,228,743
9.2%
48,923
2.2%
2,246,904
9.2%
(105,731)
-4.7%
$ 16,362,008 65.4% $ 16,530,014 68.0% $ (168,006) -1.0%
Note: Fiscal Year 2017 Sales Tax Budget is $25.035 million; FY'16 actual was $24.315 million.
City of Owasso
Half -Penny Sales Tax Report
Budget to Actual Comparison
February 9, 2017
Estimated collection on Half -Penny sales tax. Actual breakdown for half -penny collections for current month not yet available.
2016 -17
2016 -17
Actual Collections
Budget Projections
Over (Under) Projection
Amount
Percent
Amount
Percent
Amount
Percent
Jul
$ - 349,234
8.9%
$ 348,908
8.9%
$ 326
0.1%
Aug
336,391
8.6%
336,138
8.6%
254
0.1%
Sep
327,065
8.4%
337,597
8.6%
(10,532)
-3.1%
Oct
327,329
8.4%
346,188
8.8%
(18,860)
-5.4%
Nov
- 328,087
8.4%
324,159
8.3%
3,927
1.2%
Dec
320,386
8.2%
356,899
9.1%
(36,514)
-10.2%
Jan
379,596
9.7%
385,716
9.8%
(6,120)
-1.6%
Feb
356,862
9.1%
383,226
9.8%
(26,363)
-6.9%
Mar
Apr
May
Jun
Totals
$ 2,724,950
69.6%
$ 2,818,832
72.0%
-3.3%
$ (93,882)
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
* *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
Actual
2016 -2017
2015 -2016
2014 -2015
2013 -2014
2012 -2013
2011 -2012
Jul
$ 82,565 $ 72,360
$ 50,298
$ 78,705 $ 33,565
$ 41,491
Aug
86,552
96,428
56,646
105,903
33,983
52,650
Sep
87,371
122,962
61,204
69,079
47,609
- 53,051
Oct
86,713
106,846
86,146
103,683
59,327
48,435
Nov
80,855
91,876
89,434
64,434
50,722
43,504
Dec
84,107
113,941
89,482
86,424
48,320
52,052
Jan
127,549
86,358
65,206
57,183
60,594
47,738
Feb
106,593
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
$ 742,306
$ 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