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HomeMy WebLinkAbout2017.07.11_Worksession AgendaThis meeting is a work session for Council/Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE MEETING OF THE 4/ OWASSO CITY COUNCIL, OPWA & OPGA Qh,,,,� /20P Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, July 11, 2017 - 6:00 pm 1. Call to Order Mayor /Chair Lyndell Dunn 2. Discussion relating to a request for a Planned Unit Development (PUD) for Emery Village, located northeast of E 106 Street North and N Garnett Road Bronce Stephenson 3. Discussion relating to a management contract for Alarm Registrations Scott Chambless 4. Discussion relating to a professional services contract for First Responder Support Services Michele Dempster 5. Discussion relating to the Owasso Waggin' Trails Dog Park rules and signage Larry Langford 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, July 7, 2017. 1 (' J I ann M. Stevens, Dep i Clerk 0 sd The City Wit out Limits. TO: Honorable Mayor and City Council, City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Planned Unit Development - OPUD 17 -01 /OZ 17 -04 - Emery Village DATE: July 7, 2017 The City of Owasso received a Planned Unit Development (PUD) application for Emery Village. Emery Village is a proposed development that incorporates commercial and residential land uses of varying densities and intensities. The proposed location of Emery Village is generally northeast of the intersection of E 106th St N and N Garnett Rd. The property has approximately 660 feet of frontage in the 10800 block of N Garnett Rd. The property also has approximately 676 feet of frontage in the 11800 block of E 106th St N. The subject property is comprised of several conjoined parcels of land totaling approximately 54.782 acres and was annexed into Owasso city limits under Ordinances 952 and 1098. The rezoning request that accompanies this PUD application seeks underlying zonings of CS (Commercial Shopping), RM (Residential Multi - Family), RNX (Residential Neighborhood Mixed), and RS -3 (Residential Single - Family High Density). The PUD proposal, if approved, would act as an overlay to the current zoning and would govern the development of the property. SURROUNDING LAND USE: Direction Zonin Use Land Use Plan Jurisdiction Commercial and Residential AG (Agriculture)/ CS, RM, RNX, and RS -3 Transitional/ Tulsa County/ North RS -3 (Residential Single - Family Residential Residential City of Owasso High Density) East AG (Agriculture) Residential Residential/ Tulsa County Transitional South CS (Commercial Shopping)/ Commercial/ Commercial/ City of Owasso/ AG A riculture Residential Transitional Tulsa Count West AG Agriculture) Residential Transitional Tulsa Count SUBJECT PROPERTY /PROJECT DATA: Property Size 54.782 acres Current Zoning CS and AG Proposed Use Commercial and Residential Proposed Zoning CS, RM, RNX, and RS -3 Lots /Blocks N/A Land Use Plan Commercial, Transitional, and Residential Number of Reserve Areas N/A Gross Dwelling Units /Acre RM- 22.107 DU /AC (Proposed` Maximum) RNX- 11.306 DU /AC RS -3 - 4.006 DU /AC Total Units Proposed RM -300 DU (Proposed Maximum) RNX -85 DU RS -3- 110 DU Within PUD? OPUD 17 -01 Within Overlay District? No Water Provider City of Owasso and Washington County Rural Water District #3 Applicable Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Pa backs[Fees Meadowcrest Sewer Relief Area 867.00 per acre Streets (public or rivate , Public and Private CONCEPT OF A PUD: A planned unit development, also known as a PUDJs a development concept that allows for greater creativity and flexibility than typically allowed under traditional zoning and planning practices. For example, PUDs often allow developers to place different zonings and land uses in close proximity to each other. Developers may also have more flexibility in certain aspects of development, such as varying building setback and lot width requirements, which can be more restrictive within base zoning districts. In exchange for this flexibility, the development often sees more open space and amenity features. However, a PUD should not be considered a tool to circumvent the City's Zoning Code and Subdivision Regulations. All aspects of the PUD application are subject to public comment as well as consideration and approval from the Community Development Department, the Owasso Technical Advisory Committee, the Owasso Planning Commission, and the Owasso City Council. ANALYSIS: Emery Village is a proposed development that would incorporate both commercial and residential land uses. The subject property is comprised of several parcels of land owned by BAK Development, U.C. The PUD encompasses approximately 54.782 acres and is currently zoned CS (Commercial Shopping) and AG (Agriculture). The CS (Commercial Shopping) zoning currently assigned to the western portion of the property was approved with Ordinance 1037 in October 2014. The eastern portion of the property was annexed into the city limits of Owasso under AG (Ag(culture) zoning in February 2017 with Ordinance 1098. The PUD proposal is accompanied by a rezoning request that includes CS (Commercial Shopping), RM (Residential Multi - Family), RNX (Residential Neighborhood Mixed), and RS -3 (Residential Single - Family High Density). The applicant has prepared a concept plan and associated rezoning request that is in harmony with the Owasso 2030 Land Use Master Plan. There are three (3) different residential zonings proposed for this development: RM (Residential Multi - Family), RNX (Residential Neighborhoods Mixed), and RS -3 (Residential Single - Family High Density). The conceptual development plan proposed for the subject property identifies three (3) different neighborhoods corresponding to these zoning districts: an apartment complex, attached single - family residences, and a detached single - family neighborhood. The PUD proposes a maximum of three hundred (300) dwelling units for the apartment complex, resulting in an approximate maximum of 22.107 DU /AC. A maximum of eighty -five (85) dwelling units is proposed for the attached single - family residences, resulting in an approximate maximum of 11.306 DU /AC. A maximum of one hundred and ten (110) dwelling units is proposed for the detached single - family neighborhood, resulting in a maximum of 4.006 DU /AC. This would yield a maximum of 495 dwelling units for all residential development. The subject property has frontage along two arterial streets, N Garnett Rd and E 1061h St N. Specifically, the property has approximately six hundred and sixty (660) feet of frontage on N Garnett Rd and approximately six hundred and seventy -five (675) feet of frontage on E 106th St N. All streets constructed within the PUD would be determined to be public or private at the time site plans and plats are prepared for the individual areas of development. All streets would be designed and constructed to meet City of Owasso standards. Any gated private streets would also be required to meet said standards and requirements of the Owasso Fire Code. Also, internal and external sidewalks as required by the City of Owasso would be constructed as each development area is brought online. Each development area would be connected by streets and pedestrian access ways, which may include both sidewalks and trails. A variety of amenities, such as playgrounds, clubhouses, pools, and open space areas would serve the residential neighborhoods within the PUD. As the PUD is platted and developed, all amenity and open space requirements as set forth by the Owasso Zoning Code would be required. Currently the applicant is requesting four (4) ground signs to be allowed on Garnett Rd. Of these four (4) requested signs, two (2) would serve commercial uses in Area A and would be a maximum of eight (8) feet in height and a maximum of eighty (80) square feet in size. The other two requested signs on Garnett would serve the commercial development in Area B and the multi - family development in Area C. Each of those ground signs would be a maximum of six (6) feet in height and a maximum of thirty -six (36) square feet in size. The applicant states in the PUD proposal that no more than four (4) signs would be allowed on Garnett Rd. However, the applicant requests the flexibility that one (1) of the ground signs along Garnett have the potential to be combined with one (1) or more of the above referenced signs, resulting in one(l ) of the allowed four (4) to be a maximum of twenty (20) feet and a maximum of two hundred (200) square feet in size. The applicant desires this flexibly because they have indicated they at this time do not know exactly how many tenants may occupy the commercial spaces. Staff feels that the requested signage on Garnett Rd is excessive given this commercial area is further away from the hard corner intersection of two arterial streets and moves closer to residential areas. Rather, staff feels that one (1) ground sign on Garnett Rd with a maximum of twenty (20) feet in height and a maximum of two hundred (200) square feet in size would be adequate to serve the needs of the potential commercial uses in Areas A and B. In addition, the multi - family development in Area C would be allowed one (1) sign with a maximum of eight (8) feet in height and a maximum of eighty (80) square feet in size on Garnett Rd. Each of the commercial and multi - family residential Areas (A, B, and C) would be allowed one (1) internal wayfinding sign each, and these wayfinding signs would have a maximum height of five (5) feet and maximum of twenty (20) square feet. Wall signage will still be allowed for the Area A and B as allowed in the Owasso Sign Code. All signage would be required to comply with the Owasso Zoning Code, and any changes to the signage requirements would need to be approved by the Community Development Department. The size and style of the single - family housing has been discussed often with the applicant. Staff feels that requiring a minimum size of fifteen hundred (1500) square feet for single - family detached housing is important to protect the long -term values of the homes as well as address concerns raised by nearby residents who attended the neighborhood meeting held by the applicant on July 6. For similar reasons, staff also feels that a requirement of at least fifty (50) percent masonry fagade coverage for the detached single - family homes should be included in the PUD proposal. The PUD will have to meet all City of Owasso amenity requirements. Carefully planned landscaping and screening is an important component of this PUD proposal. A screening fence at least six (6) feet in height would be installed and maintained by developers along all boundaries of the PUD. In addition, where commercial uses abut residential uses, a screening fence and a landscape buffer of at least ten (10) feet would be installed as required by the Owasso Zoning Code. The only exception to this would be where an adjoining residential district is undeveloped or used for nonresidential purposes. Particular consideration is being applied to a portion of the northern boundary where the subject property abuts an existing residential subdivision. Along this boundary, a buffer yard of a minimum of twenty (20) feet would be provided. As well as the mandatory six (6) foot high screening fence, vegetation screening would also be provided in the form of a tree being placed every thirty (30) feet along the border the PUD shares with the residential subdivisions to the north. A minimum of fifty (50) percent of these trees would be evergreen. Aside from the additional requirements referenced above regarding buffers and landscaping, all other requirements of the chapter on Landscaping, Screening, and Buffering in the Owasso Zoning Code would be met. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS services to the proposed development. The subject property would be serviced by two (2) water providers, Washington County Rural Water District #3 to the east and the City of Owasso to the west. The PUD concept indicates that a large drainage pond would be located on the northeastern portion of the property to provide stormwater detention. If the PUD is approved, the applicant would provide final development plans for each area being developed for administrative review and approval by City staff. These plans would include all the civil engineering drawings, landscape plans, drainage plans, utility plans, Final Plat, etc. PUD applications presented to the Planning Commission and City Council are for approval of the uses and the overall conceptual development plan as it relates to the context of the surrounding area. City staff published legal notices of the PUD request in the Owasso Reporter on June 21, 2017 and mailed notices to property owners within a 300' radius of the subject property. Additionally, the applicant sent a personal letter to nearby residents with an invitation to an informational neighborhood meeting on July 6, 2017. Community Development Staff has worked with the applicant to bring the type of development described in this PUD concept into the City of Owasso. This PUD proposal shows efficient use of land for both residential and commercial uses. It also offers a variety of housing products that create a walkable environment to the adjoining commercial area, yielding a high quality of life for those who would live and work there. COMPREHENSIVE PLAN CONSISTENCY: The GrOwasso 2030 Land Use Master Plan identifies the subject property for Commercial, Transitional, and Residential uses. As mentioned before, the applicant has taken steps to ensure their rezoning request is in harmony with the Land Use Master Plan. The proposed placement of the various commercial and residential land uses are equal to or less intense than what is planned for in the GrOwasso 20301-and Use Master Plan. Therefore, the PUD proposal is supported by the Land Use Master Plan. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: The PUD proposal appears to be consistent with the current and expected future development of the area. A commercial use (family entertainment center) is currently under construction immediately south of where the PUD proposes CS (Commercial Shopping) zoning. To the north of the subject property is an existing high- density residential community developed with a PUD. The residential land uses proposed in the PUD, including RM (Residential Multi - Family), RNX (Residential Neighborhood Mixed), and RS -3 (Residential Single - Family High Density), would be placed so as to abut the already existing residential neighborhoods to the north and east of the subject property. All land uses must adhere to setback requirements as outlined in the Owasso Zoning Code, particularly those that abut a less -dense existing use. If approved, the PUD would govern the use and development of this property. Any changes to the PUD would require either administrative or Planning Commission and City Council approval depending upon the nature of the change. PLANNING ISSUES: Future planning issues must be considered if the PUD is approved. If approved, the applicant would be required to adhere to all Owasso Zoning Code, Subdivision Regulations, and Engineering Standards. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan; 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas; 3. Whether the PUD is a unified treatment of the development possibilities of the project site; and 4. Whether the PUD is consistent with the stated purpose and standards of the PUD Ordinance: a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development PLANNING COMMISSION: The Planning Commission will consider this item at their regularly scheduled meeting on July 10, 2017. RECOMMENDATION: Staff will consider making a recommendation with the following conditions: Staff recommends approval of OPUD 17 -01 and OZ 17 -04 with underlying zonings of CS (Commercial Shopping), RM (Residential Multi - Family), RNX (Residential Neighborhood Mixed), and RS -3 (Residential Single - Family High Density) with the following conditions: 1. On Garnett Rd, one (1) sign with a maximum height of twenty (20) feet and a maximum of two hundred (200) square feet to be used for advertising commercial uses within the PUD. In addition, the multi - family development in Area C would be allowed one (1) sign with a maximum of eight (8) feet in height and a maximum of eighty (80) square feet in size on Garnett Rd. These signs must be placed in landscaped beds, cannot be digital, and would need to incorporate architectural aesthetic upgrades. Two (2) signs would be allowed on 106th, one (1) for each neighborhood of single - family residential homes (Areas D and E), with a maximum of six (6) feet in height and a maximum of forty -two (42) square feet in size for each sign. Each of the commercial and multi - family residential Areas (A, B, and C) would be allowed one (1) internal wayfinding sign each, and these wayfinding signs would have a maximum height of five (5) feet and maximum of twenty (20) square feet. All other internal signage must be attached to the building. All signage would comply with the Owasso Zoning Code, and any changes to the signage requirements would need to be approved by the Community Development Department. 2. All detached single - family residences must have at least fifty (50) percent fapade coverage of brick, stone, or another similar type of material. 3. All detached single - family residences must be a minimum of fifteen hundred (1500) square feet in size. ATTACHMENTS: Aerial Map Zoning Map Land Use Plan Letter from Applicant PUD Plan Letter of Concern from Property Owner - 1 a AQ ggU CJU LV ' a gWIM 7' A TM Fi- � : b A '� ' • }'4YJ Y. .a t k t 4� s it AIK, Y j@Q Subject Tract';�r °Ml�R6iM+.+..� es• ^'4� tr— i rrri fi--'` `' s,%t.7�,y„ . 4t' ctj Q a .. _ . _. T ,♦ i� X55 �� I ,'\'y, i A'•.w� W1 - " A 711 Note: Graphic overlays may N not precisely align With physical ® Subject OPUD 17 -01 & 0 125 250 500 features on the ground. Tract OZ 17_04 I t I I I 0821-14 Aerial Photo Date: February2016 Feet RD CG ¢ Q E 111 ST N C a o E- 110 -CT N Za W W E110PLN El 0 <t h 4 -0 4 r AG Z 2i 110 STW Q W U ro j Z 2 2 E_109 =P_L N t°.t E 2 E 109 ST-N /X CS/ AG -R EAf 6th =ST =N CS - j w a z RE Subject Tract OL a 2 4 a PUD -01 -02 4 E- 105 -CT'NI Q AG W RS -3 w N PUD -06 -(4 a 4 ; `1 2� � E =105 PL.N Z RS-3 a - - - - - ET104 S -T -N LEGEND Qv Q Z E_105_STN Owasso �i Corporate Limits RS ^ ^h PUD -12 n N �l Subject 300'Radius Tract MIJ o izs zso soo PUD 17 -01/ " 08 21 -14 OZ 17 �y -04 Feet Land Use Master Plan OPUD 17 -01 & OZ 17 -04 LEGEND Lend Use categories ® caml�rdm - tMlr,Uiy,Ral�ptdM EmpkryrncrA N"rborhood Hued USe (l1grA Clce, Caw aW ShoWrtg, AeSCKd HoLwig, SF Housrl7. Aparlrrmts aNym retail) _I P:ux^,RCpcRi6n - PuwrJlmmuwnvcG Rblic Re:xxsleal ': TranHlbna! (AtLxUI�W twusllq, auFlcrtes. oftims) ®US-1 69 Overtly CuNICl ® 'GknrvldtrAd�wr Sp:asl Oi•ArvCt ® "OawN,own lk•rtlopmerR GMtrw Myr Fxwapasrl Plamod TrtVVO;%5treei 6ikeiwev Caraglela Strew b swg tray j Foe SLY" Subject Property Euslilg Putt Sdvd e F Buie Put6c School .�- t]mim Alrseq Fulwe Palx and Riaoriraaxt Srop Hosplal Q NOW P.xk. (ioa Crxo.n A Catrlotery Subject Property DEVELOPMENT. LLC Brian Emery Mingo Aerospace 8141N1161iEAve. Owasso, OK 74055 6 Jun 2017 Marsha Hensley C/O City of Owasso 200 S Main Owasso, OK 74055 Dear Marsha and City of Owasso; I along with my family, are pleased for the opportunity to present our PUD to the City of Owasso in conjunction with Tanner Consulting. BAK Development, LLC is comprised of my five family members and managed by me and my father, Bill Emery. Bill and I are the majority owners in Mingo Holdings, which owns both Mingo Aerospace and Mingo Manufacturing in Owasso. We are proud to be members of the Owasso community. We hope that our development will fit seamlessly into the growth and development vision for the City of Owasso. We want to be partners and good citizen stewards. We value the opportunity to be able to foster work places and hopefully, now, living places that will create community and encourage further growth opportunities for individuals and the City. We look forward to continuing to partner with the City of Owasso in shared vision for the growth of our community. We welcome questions, ideas, and vision sharing at any time. Kind Regards, Brian Emery BAK Development, LLC. Mingo Holdings, LLC. bcemerv@mineoaero.com cell: 918-691-2411 OPUD 17 -01 �� OXI�Y 54.785 NORTH AND EAST OF THE NORTHEAST CORNER OF 106TH STREET NORTH & GARNETT ROAD OWASSO, OKLAHOMA R 14 E EAST 118TH STREET NORTH JULY, 2017 APPLICANT / OWNER: BAK DEVELOPMENT, LLC T CID BILL EMERY 21 8091 N. 115TH E. AVE. OWASSO, OK 74055 N BEMERY @MINGOMFG.COM CONSULTANT: TANNER CONSULTING LLC CIO RICKY JONES 5323 S LEWIS AVE TULSA, OK 74105 RICKY@TANNERBAITSHORCOM mmv,u� w p vw.nm w.a zz 4 mm o > a S w oqr uylL yxe N_ Dwunm z rc EAST 106TH STREET NORTH Location Map xoK: ='NY/J NMTH JULY, 2017 APPLICANT / OWNER: BAK DEVELOPMENT, LLC T CID BILL EMERY 21 8091 N. 115TH E. AVE. OWASSO, OK 74055 N BEMERY @MINGOMFG.COM CONSULTANT: TANNER CONSULTING LLC CIO RICKY JONES 5323 S LEWIS AVE TULSA, OK 74105 RICKY@TANNERBAITSHORCOM TABLE OF CONTENTS 1. PROPERTY DESCRIPTION .......................................................................... ............................... 2 11. DESIGN AND INTENT STATEMENT ........................................................... ............................... 3 EXHIBIT LIST: Exhibit A: Aerial Photography & Boundary Depiction .................................... ............................... 6 ExhibitB: PUD Concept ................................................................................ ............................... 7 IV. GENERAL PROVISIONS AND DEVELOPMENT STANDARDS ................. ............................... W.A. Access and Circulation ......................................................................... ............................... W.B. Signs .................................................................................................... ............................... IV.C. Utilities and Drainage ........................................................................... ............................... IV.D. Environmental Analysis and Topography ............................................ ............................... IV.E. Existing Zoning and Land Use ............................................................. ............................... IV.F. Platting and Site Plan Requirements ................................................... ............................... W.G. Landscaping and Screening Requirements ......................................... ............................... IV.H. Additional Development Standards ..................................................... ............................... IV. 1. Schedule of Development .................................................................... ............................... EXHIBIT LIST: Exhibit C: Development Areas ...................................................................... ............................... Exhibit D: Existing Utilities ............................................................................. ............................... ExhibitE: Existing Soils ................................................................................. ............................... Exhibit F: Existing Zoning Map ...................................................................... ............................... ExhibitG: Proposed Zoning Map ................................................................... ............................... I OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 8 8 9 10 11 12 13 13 13 14 14 15 15 15 16 16 17 18 19 20 21 I W 2 i6la :1;4 rd I Emery Village consists of 54.782 acres located north and east of the intersection of 1061" St. N. and Garnett Rd., in the City of Owasso, Oklahoma, and is more particularly described within the following statement: 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 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 88 043'11 WEST AND ALONG THE SOUTH LINE OF SAID SWA. FOR A DISTANCE OF 314.60 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 043'11" 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 SEA SW /4) OF SAID SECTION 8; THENCE NORTH 1 °20'17" 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 °43'27" 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 1'21'10" WEST AND ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 8, FOR A DISTANCE OF 330.05 FEET TO A POINT AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (N /2 SW /4 SW /4) OF SAID SECTION 8, THENCE SOUTH 88 043'45" WEST AND ALONG THE SOUTH LINE OF SAID N /2, FOR A DISTANCE OF 1306.26 FEET TO A POINT AT THE SOUTHWEST CORNER OF SAID NORTH HALF; THENCE NORTH 1 024'41" WEST AND ALONG THE WEST LINE OF SAID N /2, FOR A DISTANCE OF 66029 FEET TO A POINT AT THE NORTHWEST CORNER OF SAID NORTH HALF; THENCE NORTH 88 044'14" EAST AND ALONG THE NORTH LINE OF SAID NORTH HALF, FOR A DISTANCE OF 1306.94 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID NORTH HALF, SAID POINT ALSO BEING ON THE SOUTH LINE OF BLOCK 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 5, THE SOUTH LINE OF BLOCK 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 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 2; THENCE SOUTH 1 017'39" 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 88 043'11" WEST FOR A DISTANCE OF 314.60 FEET; THENCE SOUTH 1 °17'39" EAST AND FOR A DISTANCE OF 360.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 2,386,314 SQUARE FEET OR 54.782 ACRES. The above described property will hereinafter be referred to as the "Site" or "Subject Property" and is depicted on Exhibit A, "Aerial Photography & Boundary Depiction." OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 Ii. DESIGN AND INTENT STATEMENT Emery Village is a mixed -use Planned Unit Development (PUD) proposing commercial and residential development of 54.782 acres located north and east of the intersection of 106th St. N. and Garnett Rd., in the City of Owasso, Oklahoma. Emery Village proposes a variety of uses, with commercial areas along Garnett Rd. transitioning to a multifamily community, transitioning to a neighborhood of townhomes, transitioning to a detached single - family neighborhood. Streets and pedestrian accessways, consisting of sidewalks and /or trails, will connect each neighborhood to the next, and the multifamily community to the commercial development area. Emery Village will provide a mix of uses, each transitioning appropriately to the next in an integrated community setting, which community will become its own neighborhood within Owasso and will relate to other neighborhoods and the City as a whole. Emery Village will be endowed with ample open spaces, amenities, and development standards to ensure a strong neighborhood with unique character and quality of life for generations to come. The locations of land uses and proposed underlying zoning districts, streets, amenities, and open spaces have been designed to buffer and transition between differing land uses and land use intensities. By its design, as outlined in the Owasso Zoning Code, this PUD is intended to: provide a unified treatment of the development possibilities of the project site; encourage creative development of land; promote project design that is often unseen in conventional development; serve as a tool for intelligent, well - planned, and quality developments that fit within Owasso's existing neighborhoods and context of the surrounding area; provide flexibility to allow for the development of properties with unique physical characteristics by promoting innovative design and providing guidelines which ensure that development is beneficial to the City of Owasso's future growth. Further, this PUD has been prepared to achieve the 10 specific goals listed in the Owasso Zoning Code: 1. Maintain and Enhance the Quality of Life in Owasso, 2. Provide Opportunities for Urban Infill, 3. Maintain and Promote a Sense of Community, 4. Encourage Development That Otherwise Could Not Occur on the Site, 5. Preserve and Provide Meaningful Open Space, 6. Promote Connectivity and Compatibility with Surrounding Development, 7. Inspire Unique and Thoughtful Development, 8. Support the Development of Strong Neighborhoods, 9. Provide Amenities Beyond Conventional Development, and 10. Preserve the Physical Characteristics of the Land. The subject property is presently zoned CS Commercial Shopping Center District and AG Agriculture District. In order to permit the various land uses and intensities proposed by this PUD, the Owasso Zoning Code will require the inclusion of certain zoning districts and certain proportions of underlying zoning districts within the PUD. An accompanying application is being filed to rezone certain areas to commercial and residential (OZ 17 -04). This PUD proposes retaining existing CS zoning to support commercial uses within the two (2) commercial development areas (A and B). Development Areas are generally depicted on Exhibit C "Development Areas." Commercial Development Area A is planned for retail- oriented businesses, and Development Area B is planned for commercial, office, and/or self- storage business use. By this PUD, the self- storage business use shall be allowed in the CS district, limited to Development Area B. The three (3) residential development areas (C, D, and E) propose different neighborhoods including multifamily, attached single- family (townhouses), and detached single - family. Each neighborhood will feature its own unique designs and neighborhood amenities. Land and specific features will be sited and designed during the platting phases. Per Zoning Code Section 8.201.1, not less than 14 amenities will be constructed and shall include at least one (1) amenity from each of the four (4) categories specified in Zoning Code Table 8 -1. As reflected on the "PUD Concept" site plan, neighborhood amenities may include such uses as pools, clubhouses, pond water features with fountains, trails, gazebos or other shelter structures, and open spaces, and the large, central common area containing the pond could host additional amenities such as playgrounds, sport courts, courses, or fields, fishing piers or docks, picnic areas, gardens, etc. The Exhibit B "PUD Concept" plan represents initial concepts for neighborhood amenities, which will be maintained as common areas by a mandatory property owners' association to be formed by the Deed of Dedication and Restrictive Covenants of a subdivision plat for development areas containing OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 such common areas. Should multiple such associations be formed by separate subdivisions, all will be obligated to maintain, in pro -rata share or as otherwise specified by applicable agreements or bylaws, all neighborhood amenities to which they have access. As represented on Exhibit B, a public collector street is conceptually proposed to connect all development areas to Garnett Rd. and 106'^ St. N. Streets serving Emery Village, whether public or private, shall be constructed to meet the standards of the City of Owasso for public streets. Private streets shall be maintained by a mandatory property owners' association to be formed by the Deed of Dedication and Restrictive Covenants of a subdivision plat for development areas containing such private streets. Private streets with rights -of -way less than minimum standards may require modification per Owasso Subdivision Regulations Section 1.7. Any gates serving private streets or drives shall be designed according to the Fire Code adopted by the City of Owasso and be approved by the Owasso Fire Marshal during the platting stage. Multifamily use requires RM Residential Multi- Family District zoning, and RNX Residential Neighborhood Mixed District is additionally proposed to support a share of multifamily dwelling units and attached single - family (townhouse) use and dwelling units. Beyond the CS, RM, and RNX districts, the balance of the site is proposed to be rezoned to RS -3 Residential Single - Family High Density District. The Table V -1, Land Use Evaluation Matrix on page V -18 of the of the GrOwasso 2030 Land Use Master Plan provides that the existing CS zoning (which will be retained) is Allowed within the Commercial designation and the requested RS -3 zoning is Allowed within the Residential designation. The requested RNX Residential Neighborhood Mixed District is understood to be consistent with the Transitional designations and the RM is understood to be consistent with the Master Plan as it will be recognized as a "downzoning" from the current CS commercial district. All proposed underlying zoning districts correspond with the Master Plan designations with the exception of (1) the Transitional designation within Development Area C, which is being rezoned to RM to better correspond with the Development Area boundaries and (2) the Transitional designation along 10611 St. N., used to support RNX zoning, which area of RNX zoning has been relocated, in equal amount of land area as supported by the Transitional designation, to better correspond to the locations of the attached single - family use in Development Area D that it is intended to support. Existing and proposed zoning are reflected on Exhibits F and G, respectively. The PUD will allow the most efficient use of the land which is harmonious with the surrounding land uses, as represented on Exhibit A, "Aerial Photography & Boundary Depiction." A conceptual development plan depicting the Development Areas and design features is provided on Exhibit B "PUD Concept" plan, which Development Areas are more clearly outlined on Exhibit C "Development Areas." Final Development Area boundaries and areas shall be established by required PUD subdivision plats. The PUD shall be developed in accordance with the use and development regulations of the City of Owasso Zoning Code, except as otherwise specified herein. Bulk and area standards within the proposed Development Standards generally follow those of the proposed underlying CS district for Development Areas A and B and those of the proposed underlying RM, RNX, and RS -3 districts for Development Areas C, D, and E, respectively; where exceptions are proposed for design flexibility, the concerned bulk and area standard is designated with a "t" symbol in the tables that follow in Section III of this PUD. Although Zoning Code Sections 8.20.A and Chapter 4 Tables 2 and 3 would permit many more in the proposed underlying RM, RNX, and RS -3 zoning districts, this PUD will restrict the residential development areas to 495 total dwelling units, including 300 multifamily, 85 attached single - family, and 110 detached single - family. In addition to lowering the density otherwise permitted, this PUD will impose higher development standards than if developed with straight residential zoning. Initial transfers (1) from Development Area B to Development Area C of multifamily dwelling units per underlying RM zoning and (2) from Development Area C to Development Areas A and B of commercial floor area per underlying CS zoning have been established by this PUD with results as reflected in densities outlined in the development standards for the respective development areas. Allocated commercial or residential density may be transferred to another lot or lots by written instrument executed by the owner of the lot from which the floor area or residential density is to be allocated, provided however, the reallocation OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 shall not exceed 15% of the initial allocation to the lot to which the transfer of floor area or residential density is to be made without approval of a PUD Minor Amendment and provided further that the overall densities and intensities, in terms of dwelling units and nonresidential floor area shall not exceed those of the initial PUD as approved. This PUD has been prepared by Tanner Consulting, LLC of Tulsa on behalf of the owner, BAK Development, LLC. The PUD Concept plan was prepared by DRM Design Group of Tulsa. Due to the scale of the property, the mix of land uses proposed, and the anticipated time horizon to ultimate build -out, this PUD proposes to establish a conceptual development plan with designation of development areas, allocation of uses and intensity of uses and development standards and conditions, to be followed by more specific subdivision plats and commercial detailed site plans for each phase of development. Development of the project is expected to commence and be phased and completed as market conditions permit. Commercial development within Development Areas A and B is anticipated to be the first phase. OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 OPUD 17 -01 el)ze / LGGGG( el EXHIBIT A f AERIAL PHOTOGRAPHY & BOUNDARY DEPICTION WITH ADJACENT DEVELOPMENTS LABELED 6 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 NORTH EXHIBIT B PUD Concept OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LENS AVE, TULSA, OK 74105 1918.745.9929 Area A Retail /Office 4.77 Acres Area a Self Storage 1.71 Acres PUD CONCEPT 07/05/17 I N Area C Multi - Family 13.57 Acres r! Area D Single Family Attached 7.52 Acres Area E Single Family Detached 27.46 Acres u 1 0' 100' 200' 400' DRM DESIGN GROUP LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN 1513 E. ISth St. Suite C TuI".OK 74130 518.359.1166 www.drmdesigngmup.cem III. DEVELOPMENT STANDARDS DEVELOPMENT AREA A Gross Land Area: 207,732 SF 4.769 AC Net Land Area: 196,838 SF 4.519 AC Proposed Zoning: CS Permitted Uses: Uses permitted as a matter of right in the CS Zoning District, uses permitted by Specific Use Permit and /or PUD including only carpet store, copying services, greenhouse (retail), and printing and publishing, and uses customarily accessory to permitted uses. All uses classified as "sexually oriented" within the City of Owasso Zoning Code (Section 650), self- storage, and all open air storage uses are prohibited. Maximum Floor Area Ratio: 0.61 Maximum Building Height: 50 FT Minimum Public or Private Street Frontage: 150 FT Minimum Building Setbacks: From Arterial Street Right -of -Way: 50 FT From Non - Arterial Street Right -of -Way: 10 FT From North PUD Boundary: 37.5 FT From R District Boundaries: 20 FT ** From All Other Boundaries: 0 FT Minimum Parking Ratio: 1 per 175 SF building floor area * ** Minimum Bicycle Parking: As per Zoning Code Table 9.1 Other Bulk and Area Requirements: As required within CS District Any interior lot having no street frontage shall be provided access to a public street by access easement(s) approved by the City of Owasso during platting review. Plus 2 feet or setback for each 1 foot building height exceeding 95 feet if the abutting property is within an RE, RS, RD or RTH District. To be reduced to 1 per 200 SF building floor area upon development of Development Area B (excluding self - storage use) with mandatory mutual parking privileges as provided in this PUD. OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 DEVELOPMENT AREA B Gross Land Area: 74,649 SF 1.713 AC Net Land Area: 74,649 SF 1.713 AC Proposed Zoning: CS / RM Permitted Uses: Uses permitted as a matter of right in the CS Zoning District, uses permitted by Specific Use Permit and /or PUD including only carpet store, copying services, greenhouse (retail), and printing and publishing, self- storage as allowed in CS by this PUD, and uses customarily accessory to permitted uses. All uses classified as "sexually oriented" within the City of Owasso Zoning Code (Section 650) and all open air storage uses are prohibited. Maximum Floor Area Ratio: 0.61 Maximum Building Height: 50 FT Minimum Public or Private Street Frontage: 50 FT Minimum Building Setbacks: From Non - Arterial Street Right -of -Way: 10 FT From North and East Boundaries: 10 FT From R District Boundaries: 20 FT ** From All Other Boundaries: 0 FT Minimum Parking Ratio (Self- Storage): 1 per 300 SF leasing office building floor area Minimum Parking Ratio (All Other Uses): 1 per 300 SF building floor area * ** Minimum Bicycle Parking: As per Zoning Code Table 9.1 Other Bulk and Area Requirements: As required within CS District Any interior lot having no street frontage shall be provided access to a public street by access easement(s) approved by the City of Owasso during platting review. Plus 2 feet of setback for each 1 foot building height exceeding 15 feet if the abutting property is within an RE, RS, RD or RTH District. Mutual parking privileges with Development Area A shall be required as provided in this PUD. OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 DEVELOPMENT AREA C Gross Land Area: 591,124 SF 13.570 AC Net Land Area: 591,124 SF 13.570 AC Proposed Zoning: RM/CS Permitted Uses: Uses permitted by right in the RM and RNX Districts, including multi - family dwellings, attached single - family dwellings (townhouses), duplex dwellings, and detached single - family dwellings, and customary accessory uses, including private common area facilities such as clubhouse, swimming pool, playground, and recreational open space. Maximum Dwelling Units / Per Acre: 300/22.107 Minimum Lot Width: 100 FT Minimum Lot Size: 7,000 SF Maximum Building Height: 4 Stories and 50 FT ** Minimum Parking Ratio: As per Zoning Code Table 9.1 Minimum Bicycle Parking: As per Zoning Code Table 9.1 Minimum Livability Space: 800 SF * ** Minimum Yard Setbacks (Multi - Family): Yard Abutting a Public or Private Street: 20 FT From R District and Development Area E Boundaries: 20 FT * * ** From North PUD Boundary: 37.5 FT From Development Area B Boundary: 10 FT From Development Area D and South PUD Boundaries: 10 FT * * ** From All Other Boundaries: 0 FT Minimum Yard Setbacks (Other Uses): As required within the RNX District Other Bulk and Area Requirements (Multi - Family): As required within the RM District Other Bulk and Area Requirements (Other Uses): As required within the RNX District Applies to multifamily lots; Any interior multifamily lot having less than the minimum required street frontage shall be provided access to a public street by access easement(s) approved by the City of Owasso during platting review. Uses other than multi- family are restricted to 2 stories and 35'. Livability space may be located on a lot or contained within common open space of the development. Plus 2 feet of setback for each 1 foot building height exceeding 15 feet if the abutting property is within an RE, RS, RD or RTH District, 10 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 DEVELOPMENT AREA D Gross Land Area: 327,464 SF 7.518 AC Net Land Area: 327,464 SF 7.518 AC Proposed Zoning: RNX Permitted Uses: Attached single - family dwellings (townhouses), duplex dwellings, and detached single - family dwellings, and customary accessory uses, including private common area facilities such as clubhouse, swimming pool, playground, and recreational open space. Maximum Dwelling Units / Per Acre: 85/11.306 Minimum Lot Width: 40 FT Minimum Lot Size: 3,800 SF Maximum Building Height: 2 Stories and 35 FT Minimum Off - street Parking: One (1) enclosed off - street parking spaces required per dwelling unit ** Minimum Livability Space: 1,000 SF * ** Minimum Yard Setbacks: * * ** From North PUD Boundary: 20 FT Front Yard: 15 FT t Rear Yard: 15 FT tt Side Yard Abutting a Street: 10 FT ttt Side Yard Not Abutting a Street: 0 FT * * * ** Other Bulk and Area Requirements: As required within the RNX District Architectural features may extend a max. of five (5) feet above maximum permitted building height. Parking stalls within common onstreet parking, if employed, will contribute to satisfying minimum parking requirements within the Development Area. Livability space may be located on a lot or contained within common open space of the development. * * ** Front -entry garages shall set back not less than 25, and side -entry garages shall be set back not less than 20 feet. Non- attached sides shall be set back not less than five (5) feet and shall maintain a minimum of ten (10) feet of separation from buildings on other lots. t cf. 25 FT Zoning Code Section 430.1 Table 3 tt cf. 20 FT Zoning Code Section 430.1 Table 3 ttt cf. 15 FT Zoning Code Section 430.1 Table 3 11 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO, CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918,745.9929 DEVELOPMENT AREA E Gross Land Area: 1,196,235S 27.462 AC Net Land Area: 1,185,065 SF 27.205 AC Proposed Zoning: RNX / RS -3 Permitted Uses: Detached residential dwellings and customary accessory uses, including private common area facilities such as clubhouse, swimming pool, playground, and recreational open space. Maximum Dwelling Units / Per Acre: 110 / 4.006 Minimum Lot Width: 55 FT t Minimum Lot Size: 5,500 SF tt Maximum Building Height: 2 Stories and 35 FT Minimum Off - street Parking: Two (2) enclosed off - street parking spaces required per dwelling unit Minimum Livability Space: 2,000 SF ** ttt Minimum Yard Setbacks: * ** Front Yard: 20 FT tttt Rear Yard: 20 FT Side Yard Abutting a Street: 15 FT Side Yard Not Abutting a Street: 5 FT Other Bulk and Area Requirements: As required within the RS -3 District Architectural features may extend a max. of five (5) feet above maximum permitted building height. Livability space may be located on a lot or contained within common open space of the development. Front -entry garages shall set back not less than 25; and side -entry garages shall be set back not less than 20 feet. t cf. 65 FT Zoning Code Section 430.1 Table 2 tt cf. 7,000 SF Zoning Code Section 430.1 Table 2 tt cf. 25 FT Zoning Code Section 430.1 Table 2 ttt cf. 4,000 SF Zoning Code Section 430.1 Table 2 ttttcf. 25 FT Zoning Code Section 430.1 Table 2 12 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 IV. GENERAL PROVISIONS AND DEVELOPMENT STANDARDS [V.A. ACCESS AND CIRCULATION: An interconnected street network will connect the various development areas within Emery Village to Garnett Rd. and 1061h Street North. Streets serving Emery Village may be public or private and gated. While further street patterns will be designed during the platting stage, conceptual street alignments are indicated on the Exhibit B PUD Concept plan. As required by the Owasso Zoning Code for PUD approval, a traffic study has been conducted and the report has been filed along with this PUD application. Streets serving Emery Village, whether public or private, shall be constructed to meet the standards of the City of Owasso for public streets. Private streets shall be maintained by a mandatory property owners' association to be formed by the Deed of Dedication and Restrictive Covenants of a subdivision plat for development areas containing such private streets. Private streets with rights -of -way less than minimum standards may require modification per Owasso Subdivision Regulations Section 1.7. Any gates serving private streets or drives shall be designed according to the Fire Code adopted by the City of Owasso and be approved by the Owasso Fire Marshal during the platting stage. Whether or not reflected on the PUD Concept site plan, should the multifamily development exceed 200 dwelling units, a secondary point of ingress /egress shall be provided. All development areas shall be provided the minimum number of points of ingress /egress as required by Fire Code and Owasso Fire Marshal. Commercial driveway connections to Garnett Rd, will be established during the platting and site plan stage. The southerly driveway connection will correspond with the Mutual Access Easement established during the development of the Wheels and Thrills Family Entertainment Center abutting to the south. Pedestrian and bicycle connectivity between neighborhoods within Emery Village and to adjacent areas will be planned and included in development designs during the platting process. Sidewalks, including both internal and along exterior street frontages, shall be constructed by the developer or individual lot owners in accordance with the Owasso Subdivision Regulations. Sidewalks which are proposed outside of public or private street rights -of -way shall be placed in a sidewalk easement. Limits of No Access (LNA) will be imposed by the future plat(s) along arterial street frontages, except at approved street intersections. IV.B. SIGNS: Within commercial Development Area A, a maximum of two (2) ground signs will be allowed along the Garnett Rd. frontage, limited to eight (8) feet in height and 80 square feet of display surface area. Businesses within commercial Development Areas A and B having no frontage on Garnett Rd., and the multifamily development within Development Area C, may be served by one (1) offsite ground sign each, located along Garnett Rd., which ground sign(s) shall be allowed in addition to the ground sign serving the host lot as otherwise permitted, provided (1) the total number of ground signs along Garnett Rd. shall not exceed four (4), (II) such signs shall be limited to six (6) feet in height and 36 square feet of display surface area, and (Ill) minimum sign separation standards are maintained. Within commercial Development Areas A and B, businesses having no frontage on Garnett Rd. may additionally be served by one (1) onsite ground sign along the collector street, not to exceed 5' in height and 20 square feet in display surface area. 13 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 Notwithstanding the foregoing, one (1) of the permitted two (2) onsite ground signs serving commercial uses in Development Area A, if combined with one (1) or more of the other three (3) ground signs permitted along Garnett Rd., shall be permitted up to 20 feet in height and 200 square feet in display surface area. To identify residential uses within Development Areas C, D, and E, two (2) entrance signs shall be permitted along 1061" St. N., limited to six (6) feet in height and 42 square feet in display surface area, and each such Development Area shall be permitted one (1) entrance sign on the collector street, limited to five (5) feet in height and 20 square feet in display surface area. Signage serving residential neighborhood amenities, appropriate for purpose and neighborhood scale, shall be permitted within reserve areas containing neighborhood amenities. All signs serving like- branded developments shall be consistent in design. Except as otherwise outlined herein, all signage shall comply with the Owasso Zoning Code, and any changes to signage requirements must be approved by the Community Development Department. IV.C. UTILITIES AND DRAINAGE: Per information furnished by the City of Owasso, the westerly approximately 20 acres of the subject property is within the City of Owasso water service area; the balance of the site is within the Washington County Rural Water District # 3 (RWD) water service area. The westerly approximately 20 acres of the subject property will be served by a 10" waterline (being replaced by a 12 ") along the west side of Garnett Rd., and the balance of the site will be served by customary extensions of the existing RWD waterlines in the area. An 8" waterline has been extended across Garnett Rd. at the northwest corner of the Wheels and Thrills Family Entertainment Center abutting to the south. Per the City of Owasso, the site will be served by an existing eight (8) inch sanitary sewerline crossing Garnett Rd. just north of the northwest corner of the subject property, which has adequate capacity. This will require extension and connection. An eight (8) inch sanitary sewerline has also been extended along the east side of Garnett Rd. in connection to the Wheels and Thrills development. Sanitary sewer and waterline extensions to and throughout the project will be required, and will be designed during the platting stage. New sanitary sewer lines will be extended within the development in order to provide all lots with service. Waterlines shall be looped within the interior of the subdivision to provide water service and fire protection. Fire hydrant locations shall be coordinated with and approved by the Owasso Fire Marshal during platting and commercial site plan stages. The site is moderately sloped and drains northwesterly through onsite farm ponds to an upstream tributary of Bird Creek. An internal stormwater collection and detention system will be designed and constructed to drain the site to stormwater detention facility(ies), to be sited and designed during the platting stage. Early concepts for drainage indicate expansion of the existing larger farm pond to be used for onsite stormwater detention, but this may change as site designs progress. Existing water and sanitary sewer utilities are shown on Exhibit "C' of this PUD; information is per City of Owasso atlas data and does not reflect the most recent changes, such as those line extensions serving the Wheels and Thrills facility. IV.D. ENVIRONMENTAL ANALYSIS AND TOPOGRAPHY: The site is moderately sloped and drains northwesterly through onsite farm ponds to an upstream tributary of Bird Creek. There are no FEMA- designated Special Flood Hazard Areas within or adjacent to the subject property. The Soil Survey of Tulsa County, Oklahoma was used to help identify soils types and possible constraints to development. The site primarily contains Dennis - Pharoah silt loam (3 to 5% slopes; 64.6% of site area), with the balance containing Okemah silt loam (0 -1% slopes; 26.5% of site area), Dennis - Radley Complex 14 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 (0 to 12% slopes; 4.5% of site area), and Okema- Parsons - Pharoah Complex (0 -1% slopes; 4.4% of site area). Development constraints associated with these soil types will be addressed in the engineering design phase of the project. Prior to construction, a geotechnical report will be performed to recommend paving sections and subgrade design. Soil types and associated slopes are shown on Exhibit "D" and topography is represented on Exhibit "C" of this PUD. IV.E. EXISTING ZONING AND LAND USE: Consisting of four (4) existing parcels, the site contains two (2) houses and a few barns and accessory buildings. The site is generally vacant / agricultural and contains two (2) ponds and a stand of trees. Commercial Development Areas A and B and Development Area C is presently zoned CS; the balance of the site is zoned AG agricultural. IV.F. PLATTING AND SITE PLAN REQUIREMENTS: No building permit shall be issued until a subdivision plat has been submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duly filed of record. The required subdivision plat shall include covenants of record implementing the development standards of the approved PUD and the City of Owasso shall be a beneficiary thereof. The plat will also serve as the site plan for all residential lots contained within the plat. Nonresidential buildings within Development Areas A and B, and any neighborhood amenities requiring a building permit, shall submit and receive Owasso Community Development staff approval of a site plan application. IV.G. LANDSCAPING AND SCREENING REQUIREMENTS: Landscaping and screening shall meet or exceed the requirements of the Owasso Zoning Code. The PUD will meet the 20% open space requirement as described in Owasso Zoning Code Section 8.20.6. A screening fence not less than 6 feet in height and a landscaped area of not less than 10 feet in width shall be maintained along the boundaries of commercial areas adjoining residential development or a residential zoning district, provided however, if an adjoining residential district is undeveloped or used for nonresidential purposes, required screening may be deferred until residential development occurs. A screening fence not less than 6 feet in height shall be installed and maintained along all PUD boundaries, except where such screening already exists. A buffer yard not less than 20' in width shall be provided along the northerly boundaries of Development Areas C and D where abutting residential lots in the Maple Glen subdivisions, which buffer yard shall contain vegetation and a 6' -high screening fence. Within the buffer yard along the north line of multifamily Development Area C, vegetation shall include, at a minimum, one (1) tree for each 30 feet, at least 50% of which shall be evergreen. Decorative fencing shall be installed along the 106'" St. N. frontage, which shall be contained in a Reserve Area or easement as established by the subdivision plat. If wood fencing is to be used, decorative columns of rock, brick, split face block, or similar permanent material shall be used at regular intervals. The property owners' association formed by the Deed of Dedication and Restrictive Covenants of the subdivision plat shall be responsible for maintaining this fence. 15 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 IV.H. ADDITIONAL DEVELOPMENT STANDARDS: Within commercial Development Areas A and B, the subdivision plats shall contain restrictive covenants (1) providing for mutual parking privileges, so that all lots may allow their excess parking spaces to be used by patrons of adjacent lots (provided, self- storage businesses shall be exempt), (2) lot maintenance covenants requiring such lots to be maintained clear of trash and debris, and (3) requiring full screening for outdoor heating, ventilation, and air conditioning (HVAC) equipment. Within commercial Development Area A, no metal exterior surfaces shall be allowed for commercial buildings, and within commercial Development Area B, no metal exterior surfaces shall be allowed for exterior building fagades facing streets or lot boundaries. Within residential Development Area E, all subdivision plats shall contain restrictive covenants providing for minimum dwelling size and masonry content. Within residential Development Areas D and E, no HVAC or other mechanical equipment shall be permitted within the five (5) foot side yard setback areas. IV.I. SCHEDULE OF DEVELOPMENT: Development of the project is expected to commence and be phased and completed as market conditions permit. Commercial development within Development Areas A and B is anticipated to be the first phase. 16 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 OPUD 17 -01 c6,2,&I, /1�1�� fel EXHIBIT C DEVELOPMENT AREAS BOUNDARIES DERIVED FROM DRM DESIGN GROUP SITE PLAN RECEIVED MARCH 21, 2017 I Ili �11J =1� r r y�OSLi�➢ F - ie r. � � e q • d r=t f 4& 17 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OFAUTHORIZATION NO. CA 2661 • JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 NORTH Y I I' OPUD 17 -01 cell?, 67 wi&- (J' P/ EXHIBIT D EXISTING UTILITIES EXISTING UTILITIES PER CITY OF OWASSO ATLAS DATA IM OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OFAUTHORIZATION NO. CA2661 JULY 2017 - 5323 S LEWIS AVE, TULSA, OK 741051918-745.9929 NORTH i III i� OPUD 17 -01 EXHIBIT E EXISTING SOILS SOIL DATA FROM USDA WEB SOIL SURVEY, ACCESSED FEBRUARY 20, 2017 i 'Ww ICI OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OFAUTHORIZATION NO. CA2661 JULY 2017 5323 8 LEWIS AVE, TULSA, OK 74105 1918.745.9929 IP ' T NORTH OPUD 17 -01 wynenz / lecye EXHIBIT F EXISTING ZONING MAP PER CITY OF OWASSO GIS, MODIFIED PER INCOG DATAACCESSED JUNE 01, 2017 PAGTWRAL r -'yy� -i L 'MAPLE Gf` j. =vj -R RI � LTURA RESIDENTIAL i .. i i 20 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 • JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 NORTH OPUD 17 -01 Wynell GIlaye EXHIBIT G PROPOSED ZONING MAP PER CITY OF OWASSO GIS, MODIFIED PER INCOG DATAACCESSED JUNE 01, 2017 I, I, I I 1' n W44 °A9UV WL I�. tr ' I'. I' _I ;rte fm �I N7AP . I, I, I I 1' n W44 °A9UV WL I�. tr ' I'. I' _I ;rte Iwo r�ol1 — -- F`' m s sc iL 21 OPUD 17 -01 TANNER CONSULTING LLC, CERTIFICATE OFAUTHORIZATION NO. CA 2661 JULY 2017 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 NORTH 3E: Planned Development OPUD 17 -01 & OZ 17 -04 Owasso OK 74055 7o whom it may concern, My name is Edward Schommer, and I reside at 12008 E 109 "' St N, Owasso, OK, in which my family and purchased in September 2016, due to several factors. One of the most important factors was the land behind the home, and behind the homes of everyone on 109` "s` N. It offers a level of peace, and serenity that we had been searching for, and we drained our entire life savings to purchase this home that includes this wonderful view of fields, ponds, animal life, and a complex eco system that can D- enjoyed by many. The ponds are available to the public, and are used for recreational fishing, and the land is used by families to enjoy in a multitude of ways. We received a notice of rezoning several months ago regarding the property directly behind our home, and saw that this was being annexed to the City of Owasso, and had hoped that the City of Owasso would do right by the residents, that enjoy this beautiful landscape, and have purchased homes based on the landscape as a safe haven for themselves. Recently, however, we have received further communication in regards to a planned development of this property (54 acres), by Tanner Consulting/BAK Development LLC, to destroy this landscape, and ecosystem, for businesses, high density .residential areas. and further development. We ask for reconsideration for this development in the proposed OPUD 17 -01 & OZ 17 -04, as this will greatly reduce the living conditions of many that have taken residence behind this property, and will create an already difficult traffic restraint on the bisecting roads, intersections, and lights. Creating a high density area, will directly impact road congestion, school crowding, destruction of an ecosystem, destroy a plush recreational area, and lower values for many homes. I don't know that this plea will be read, or even considered in the grand scheme of things, as greed, and money will blind the mindset of rational thinking. Our fear and the fear of many is that decisions will be based on budgets, and spreadsheets, rather than the community and its residents. I have never written anyone, at any time in my life asking for reconsideration, for something like this. This is the first letter I have ever written to request and plea for reconsideration. I can only hope that money does not damage what so many of us have worked our entire lives to gain, with what we consider a gorgeous, vibrant and vast landscape of nature, only to be disregarded, and turned into a parking lot of shame. Sincerely, Edward Schommer 12008 E 109" St N Owasso. OK 74055 740- 350 -9767 — The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Scott Chambless Chief of Police SUBJECT: Alarm Management Contract DATE: July 7, 2017 BACKGROUND: On July 5, 2017, the City Council voted to approve Ordinance 1103 and Resolution 2017 -10. The ordinance establishes annual fees for residential and business alarm registrations and fees for excessive false alarms and failure to register alarms. The resolution establishes the fee amounts. During the various discussions related to the alarm ordinance and resolution, staff communicated to the council the intent to outsource the administration and collection of fees related to alarms. Alarm management service companies provide the infrastructure and manpower to maintain alarm registration, false alarm tracking, and fee billing systems. These services are funded with a percentage of the revenue collected from fees for registrations and false alarms and would not require any additional expenditures on the behalf of the City. Staff has researched the potential vendors that could provide the level of service needed to ensure effective management of Owasso's alarm registrations with a particular emphasis on companies that could provide the best service to Owasso residents. There are currently two major national competitors for alarm management services. Public Safety Corporation has been in business since 1999 and provides an alarm registration and reduction system called Crywolf. Crywolf provides service to about 300 law enforcement agencies in the United States and Canada. They are based in Waldorf, Maryland. PM AM is headquartered in Dallas, Texas and was created in 2001. They offer a product called FAMS (or False Alarm Management System) and also provide services to a comparable number of agencies, mostly located in Texas, Florida, and California. Both companies provide similar programs. Both provide online websites which would be branded with Owasso's design and logo. Both companies also provide a call center which answers as directed by our City, "Owasso Alarm Registration Center," for example. Both companies handle all registrations, false alarm tracking, billing and collections. Both companies also provide methods for citizens to make appeals to charges and provide access to the alarm owner's registration information. Staff found that both companies could provide very good alarm management systems. Since the companies were similar in the operational side of alarm management, staff focused on which company could best uphold the department's core value of customer service. In order to achieve the best customer service experience for our citizens, staff believes that Public Safety Corporation's Crywolf is the better choice. Crywolf representatives were more responsive to staff's requests and appeared to be more transparent with information related to their company. PROPOSED ACTION: Staff is currently negotiating the contract language with Crywolf with the expectation that the contract with Crywolf will be presented for consideration for approval at the August 1, 2017, City Council meeting. sd nTh.ify Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: First Responder Support Services (FRSS) Agreement Budget Carryover Amendment DATE: July 7, 2017 PROPOSAL SUMMARY: Police and fire emergency personnel face unique mental and emotional health challenges due to normal workday encounters and exposure to recurring traumatic situations. In on attempt to provide resources to assist emergency responders in overcoming these challenges, staff intends to request authorization for the City Manager to enter into an agreement partnering with ,First Responder Support Services (FRSS). FRSS is a professional counseling and training service dedicated to focusing on first responders and immediate family members. Services include: • Individual, couple, and family counseling, • Department training in stress management, critical incidents, communication and conflict resolution, critical incident team development, • Group debriefings, and • Consultative services. 7aT•3:(cJ Z *Dl9I In 2015, police and human resources representatives began to discuss the need to provide help to officers and first responders in dealing with the emotional difficulties and traumas that are a normal part of their daily job. The team met several times throughout that year. The following January, the State Fraternal Order of Police conference hosted speaker, Dr. Kathy Thomas, who specializes in providing mental health services to first responders. Representatives of the police department and human resources attended the presentation. During fiscal year 2016 -2017, the Police and Fire Departments hosted for the first time an evening event for employees and spouses, "Critical Incident Stress and Understanding PTSD" with Dr. Thomas. Dr. Thomas also provided "Peer Support" training for a group of police, fire, public works, and human resources personnel. This last spring, Dana Mugavero, with First Responder Support Services (FRSS), contacted Chief Hurst about their services and background specializing in working with police and fire personnel. Representatives from the fire and human resources departments met with Ms. Mugavero and over the next several months discussed how FRSS could meet the needs of police and fire emergency responders. FIRST RESPONDER SUPPORT SERVICES: The mission of FRSS is to promote emotional wellbeing and psychological health for police and fire personnel based on the firm conviction that psychologically healthy individuals provide more efficient, sensitive, and professional service to the community. With an understanding of emergency personnel and situations they are confronted with, FRSS provides confidential and informed service that aims to remove the barriers that often stand in the way of first responders seeking help. FRSS employs two behavioral health specialists. Dr. Doug Gentz, PhD and Dana Mugavero, LCSW have a combined experience of nearly 45 years providing services to first responders. Dr. Gentz is the only board certified Police and Public Safety Psychologist in the state of Oklahoma. Ms. Mugavero has facilitated over 70 formal critical incident debriefings for fire departments throughout Oklahoma. Contract for services includes • Unlimited number of hours of self- referred counseling services for fire fighters /paramedics, police officers, dispatchers, animal control officers and their immediate family members. • Up to 55 hours of education and /or training services per department annually. Consultative services, including but not limited to, Critical Incident and Peer Support Teams. FRSS builds upon the experience and expertise of psychological services provided to the Tulsa Police and Fire departments for over 35 years. FUNDING: Discussions for services were still being held with staff and FRSS during the budgeting process and were not included in the FY 2017 -18 budget approval. Due to the need and value of these services, staff is proposing putting FRSS services into place by carrying over unspent funds from the Police and Fire budgets from FYI to FYI 8. PROPOSED ACTIONS: Staff intends to recommend authorization for the City Manager to execute an agreement for services with First Responder Support Services in the amount of $26,145 at the July 18, 2017 City Council meeting. Staff intends to recommend budget carryover amendments in the amount of $15,495 for police and $10,650 for fire at the July 18, 2017 City Council meeting. First Responder Support Services Agreement MASTER SERVICES AGREEMENT This Master Services Agreement ( "Agreement") is made and entered into as of July 18 , 2017, by and between the CITY OF OWASSO, OKLAHOMA, a municipal corporation, 200 S. Main, Owasso, Oklahoma, 74055 ( "City ") and, FIRST RESPONDER SUPPORT SERVICES, a Professional Limited Liability Company, 14455 E. 600 Rd., Inola, Oklahoma ( "FRSS "). RECITALS A. City desires to contract with FRSS as an independent contractor to provide certain ongoing behavioral health services to the City of Owasso Police and Fire Departments ( "Departments "). B. FRSS desires to contract with City to provide such behavioral health services as more fully described below. In consideration of the recitals and the representations, warranties and covenants set forth in this Agreement, the parties hereby agree as follows: SECTION I — SERVICES PROVIDED BY FRSS: a. FRSS shall make available the following professional behavioral health services to the Departments (the "Services "): 1. Self- Referred Counseling Services. Counseling Services will be provided to individuals, couples and children (10 years of age or older) on a self - referred basis, including but not limited to behavioral health counseling for all Department employees and their "Immediate Family Members" (defined below) on an as- needed basis, whether the request for counseling is initiated by an individual Department employee or Immediate Family Member. Such Services shall not be limited to job- related behavioral health. For purposes of this Agreement, "Immediate Family Member" means the spouse, domestic partner or child of a Department employee, and "child" or "children" means a child naturally born, legally adopted or a stepchild, but not a foster child, of any Department employee. For an Immediate Family Member who is age 9 or under, parent consultation and referral, or referral only, may be provided by FRSS. 2. Education/Training Services. Education and /or Training Services will be provided to the Departments upon request, up to 55 hours for each Department annually. This includes, but is not limited to education on stress management, critical incident and peer support, communication and management skills training and SWAT. 3. Consultative Services. Consultative Services will be provided to the Departments upon request, including but not limited to, operational assistance and support such as consultation to SWAT within the Police Department and the Critical Incident and Peer Support Teams. b. Counseling Services will begin October 1, 2017, however availability of Education/Training and Consultative Services begin on the date this Agreement is executed in full. Services to be provided at 1612 S. Harvard Ave., Tulsa, Oklahoma or on -site at either Departments facilities. C. Each individual employee, consultant or independent contractor of FRSS providing the Services hereunder will be appropriately licensed by the State of Oklahoma, or under proper supervision in the process of obtaining such licensure, and possess the educational qualifications and certificates appropriate for the Services provided. d. FRSS agrees to make itself reasonably available to the Departments to render the Services, and as may be required in order to perform the Services, however, FRSS shall not be obligated to devote its full time and attention to providing the Services, and shall be free to engage clients not employed by the City. SECTION II — METHOD OF PAYMENT: In consideration for the services provided to the Departments, the City shall pay to FRSS for the fiscal year July 1, 2017 through June 30, 2018, the annual sum of $26,145.00. Payment to be made in the amount of $ 2,178.75 paid monthly. SECTION III — INSURANCE AND INDEMNITY: a. FRSS shall procure and maintain during the term of this Agreement professional liability insurance. Upon City's request, FRSS shall furnish City a certificate of insurance, which shall indicate the nature of the insurance carried and the amount of coverage. b. FRSS agrees to release, defend, protect, indemnify and hold harmless City from and against all damages, losses, claims, costs, reasonable attorney fees, or other expenses ( "Damages ") arising from or related to the performance of the Services to the extent such liability is caused by the negligent act, error, or omission of FRSS. Nothing in this paragraph shall make FRSS liable for any Damages to the extent caused by the City. C. City agrees to release, defend, protect, indemnify and hold harmless FRSS from and against all damages, losses, claims, costs, reasonable attorney fees, or other expenses, to the extent such liability is caused by the negligent act, error, or omission of City. Nothing in this paragraph shall make City liable for any Damages to the extent caused by FRSS. 2 d. Under no circumstances shall either party be liable to the other for any special, consequential, indirect, incidental or punitive damages of any kind or character, including but not limited to loss of profits or business interruption. SECTION IV — INITIAL TERM AND METHOD OF RENEWAL: a. Initial Term. This Agreement shall commence on the date first written above and terminate on June 30, 2018 unless renewed. b. Renewal Terms. This Agreement may be renewed from year to year for up to five consecutive years by the mutual written agreement of the parties no later than the first day of July of each year commencing in 2018. Such writing shall set forth any adjustment in Services to be provided and the consideration to be paid for such Services during the following year. Each such annual renewal term shall be subject to availability and appropriation by City of adequate and sufficient funds during the applicable fiscal year (July I" through June 30`h). In the event of failure by City to annually appropriate sufficient funds, this Agreement shall terminate without further action by City, provided, that the obligations of City under Sections II and III shall continue notwithstanding the expiration or any termination of this Agreement. SECTION V — CANCELLATION AND TERMINATION: Either party may cancel and terminate this Agreement without cause by giving sixty (60) days written notice to the other. SECTION VI — AUTHORIZATION; COMPLIANCE WITH LAWS: a. City represents and warrants that it has full power and authority to execute and deliver this Agreement and to perform City's obligations hereunder. The execution, delivery and performance of this Agreement by City have been duly authorized by all necessary City action, and no further action is necessary on the part of City for City to execute and deliver this Agreement and to consummate and perform its obligations hereunder. This Agreement has been duly executed and delivered on behalf of City and constitutes the legal, valid and binding obligation of City, enforceable against City in accordance with its terms. The execution and delivery of this Agreement by City does not conflict with or violate any judgment, order, decree, statute, law, ordinance, rule or regulation applicable to City. b. FRSS shall comply with all applicable federal and state laws and regulations, including such laws and regulations regarding the confidential and secure treatment of individually identifiable health information. No "protected health information" or "individually identifiable health information" as contemplated by the Health Insurance Portability and Accountability Act (HIPAA) shall be exchanged by the parties whatsoever. SECTION VII — INDEPENDENT CONTRACTOR STATUS: The relationship between City and FRSS created by this Agreement is that of an independent contractor. FRSS will be acting in the capacity of an independent contractor, and its employees, consultants and/or subcontractors are not and will not be deemed to be employees of the City and the parties shall conduct themselves so as to maintain this independent contractor status. Nothing herein will be construed to constitute an association, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party. SECTION VIII — ANNUAL ACTIVITY REPORT: FRSS will provide the Departments with a year -end written report summarizing the Services provided during the preceding fiscal year. This report will include the hours dedicated to providing Services and number of Department employees utilizing Services. SECTION IX — MISCELLANEOUS: a. This Agreement has been made and executed in and shall be construed and enforced according to the laws of the State of Oklahoma, without regard to choice of law or conflict of law principles. b. Neither party shall assign this Agreement without the prior written consent of the other party, provided that nothing contained in this paragraph shall prevent FRSS from employing such independent consultants, associates and subcontractors as FRSS may deem appropriate to assist FRSS in the performance of the services hereunder. C. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, written or oral, to the extent they relate in any way to the subject matter hereof. d. This Agreement is between City and FRSS and creates no right in or duties to any other person or entity. No person or entity is or shall be deemed a third party beneficiary of this Agreement. C. This Agreement may be amended only by a written instrument signed by both parties. f Any notices required or permitted to be given hereunder shall be in writing and are deemed to be effective (1) when personally delivered, or (2) on the third day after being mailed by registered or certified mail, return receipt requested and postage prepaid and addressed as follows: To FRSS: First Responder Support Services, PLLC 14455 E. 600 Rd. Inola, OK 74036 Attn: Dana L. Mugavero To CITY: City of Owasso 200 S. Main Owasso, OK 74055 Attn: Michele Dempster Either party may, at any time, designate any other address by giving written notice to the other party. g. Any and all disputes and claims that arise as a result of this Agreement the resolution of which are not otherwise provided for herein shall be settled by the parties first through negotiation, then through mediation and if necessary finally by binding arbitration in accordance with the rules of the American Arbitration Association. The ruling of the arbitrator(s) will be final and binding on both parties. Each Parry hereby agrees that any and all such dispute resolution will take place in Tulsa, Oklahoma. Each party shall each be responsible for its own costs and expenses incurred in connection with the resolution of such dispute, including without limitation any fees and expenses of its counsel and each shall bear 50 percent of the cost of any mediator or arbitrator. h. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e -mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. "CITY" "FRSS" City of Owasso First Responder Support Services, PLLC By; Warren Lehr By.cw__�� /�� Dana L. Mugavero Title: City Manager Title: Managing Member sd The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Dog Park Rules and Regulations DATE: July 7, 2017 BACKGROUND: With the determination of numerous community partners, the generosity of land donation and the initiative of city leadership in utilizing resources from Vision 2025 and Park Development Funds, the City of Owasso will soon have the long anticipated dog park. In preparation for the opening of this facility, a dog park steering committee was established to assist in assessment and development. One of the primary objectives was to create a safe, enjoyable experience for all users of the dog park. The rules are intended to establish expectations and guidelines and to educate the park users. After research and discussion, the steering committee submitted a draft proposal to a staff review committee made up of City Clerk, City Attorney and Director of Recreation and Culture. Upon review and summarization of the draft proposal, staff submits the following rules for review: 1. Open from dawn to dusk, Tuesday through Sunday. 2. Small dog park area is designated for dogs 30 lbs. or less. 3. Dogs must be leashed except in designated 'off- leash" areas. 4. Dogs must be supervised by a responsible party. 5. Dogs must have current vaccinations and wear a collar. b. Limit of two dogs per responsible party. 7. Responsible party must dispose of any waste and immediately fill in dug holes. 8. No infants permitted and children under 12 must be accompanied by an adult. 9. Aggressive dogs, dogs in heat and puppies under 4 months are not permitted. 10. Dogs must be removed at the first sign of dangerous behavior. 11. Smoking, food, drinks, glass containers and dog treats are prohibited. 12. Dog trainers and training classes must obtain permit issued by City of Owasso. 13. Visitors assume all risk and liability related to the use of the dog park. 14. Owasso'Police Dept. and Animal Control are authorized to enforce all rules.