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HomeMy WebLinkAbout2018.11.13_Worksession AgendaThis meeting Is a work session for Council /Trustee discussion only. There is no ovoodunity for Dubllc comments at work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL / OWASSO PUBLIC WORKS AUTHORITY / OWASSO PUBLIC GOLF AUTHORITY Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, November 13, 2018 - 6:00 pm 1. Call to Order Mayor /Chair Chris Kelley 2. Discussion relating to Community Development Items Brian Dempster NOV OPi�Fo City C/eq ?018 s off,-00 323 A. Request for Replat - Lot 5, The Greens at Owasso and the Owasso Golf and Athletic Club (SW corner of E 86 St N and N 145 E Ave) B. Request for Rezoning - OZ 18 -04 (SW corner of E 86 St N and N 145 E Ave) C. Request for Rezoning - OZ 18 -06 (SW corner of E 76 St N and N 161 E Ave) D. Request for a Planned Unit Development and Rezoning - OPUD 18 -02 and OZ 18 -05 (Johnson Farms, west of N 129 E Ave at E 100 St N) E. Request for Final Plat - Arvest Bank North (13716 E 106 St N) F. Proposed GrOwasso 2030 Land Use Mosterplan Update G. Proposed adoption of an Official Zoning Map 3. Discussion relating to the Sports Park Regional Detention Pond and Mitigation Project Dwayne Henderson 4. Discussion relating to City Manager items Warren Lehr A. Monthly sales tax report B. Owasso Economic Development Authority Code of Conduct C. 2019 Council Meeting Calendar D. City Manager report 5. City Councilor /Trustee comments and inquiries 6. Consideration and appropriate action relating t, provided for in Title 25, O.S. § 307(B)(4), f communications between the City Council and it arising out of a demand letter requesting Pinnacle noise nuisance Keith Wilkes, Attorney Hall Estill 7. Adjournment Notice of Public Meeting filed in the office of tl Agenda posted at City Hall, 200 S Main St, at 6:00 a request for an executive session, as rr purposes of discussing confidential ; Attorneys concerning potential litigation Performance Repair be declared a public Clerk on December, 15, 2017, and the M. Stevens, The City of Owasso encourages citizen participation. To regU6st an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@citvofowasso.com Sd REAL People • REAL Lha2eter •REAL Community TO: Honorable Mayor and City Council FROM: Karl Fritschen RLA, AICP Planning Manager SUBJECT: Replat Lot 5, The Greens at Owasso and The Owasso Golf and Athletic Club DATE: November 9, 2018 BACKGROUND: The City of Owasso received an application for the review and approval of a Replat of Lot 5, The Greens at Owasso and The Owasso Golf and Athletic Club. Specifically, the Replat proposes the creation of two (2) lots on Lot 5 Block 1 instead of the one (1) lot as currently platted. The subject property is located on the southwest corner of the intersection of E 86th St N and N 145th E Ave. The purpose of the Replat is to create a new lot for the development of a convenience store. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North CS (Commercial Commercial Commercial City of Proposed Lots /Blocks Shopping) Within PUD? Yes; PUD 98 Owasso South RM (Residential Multi- Undeveloped Commercial City of Family) Owasso East C -4 (Central Service School Public /Institutional City of District) I Owasso West RM (Residential Multi- Undeveloped Commercial I City of Family) I Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 5.74 acres +/- Size of Proposed Lots Lot 5A - 4.45 acres Lot SB -1.29 acres Current Zoning RM (Residential Multi - Family) /PUD 98 Proposed Use Commercial (Convenience Store) Current Lots /Blocks I Lot, 1 Block Proposed Lots /Blocks 2 Lots, 1 Block Within PUD? Yes; PUD 98 Within Overlay District? No Water Provider City of Owasso Applicable Paybacks /Fees Elm Creek Sanitary Sewer Payback $1580.00 /acre; Storm Siren Fee $50.00 /acre REPLATTING PROCESS: A Replat is essentially a restructuring of an existing platted subdivision or portion thereof. In most cases, a Replat is adding additional lots or consolidating lots in an existing platted parcel for the purposes of selling individual lots. A Replat follows a similar process as a normal subdivision plat, in that it is a legal document that describes a parcel of land by bearing and distances, locates and defines easements, and dedicates the necessary rights -of -way for streets and easements for utilities. A Replat is required to meet City of Owasso Subdivision Standards and is reviewed by the Technical Advisory Committee (TAC), then forwarded to the Planning Commission for their review and recommendation to the City Council. Staff presents their findings, along with the Planning Commission's recommendation to the City Council for their consideration and action. ANALYSIS: The Final Plat of The Greens at Owasso and The Owasso Golf and Athletic Club (Plat 5296) was filed in 1998. The subject property in this case is Lot 5, Block 1 of this plat. The Replat will create two (2) lots within Lot 5. The larger of the two lots will become Lot 5A and will not be developed at this time, with the smaller corner lot becoming Lot 5B. The applicant is proposing a convenience store on Lot 5B. The Replat will include the provision of an eleven (11) foot utility easement along the south boundary of Lot 5B. The remaining utility easements along the north and east boundaries identified in the original plat will remain. There is also a sanitary sewer easement in the central portion of Lot 5 that will remain. During the review of this application, staff noticed that there are no limits of access (LOA) or limits of no access (LNA) along the public streets on the original Final Plat. The Replat provides two (2) access points on Lot 5B for the proposed convenience store and one (1) access point on Lot 5A. All access points meet the separation requirements for driveways outlined in the Zoning Code. Future development of the subject property must adhere to all Owasso Subdivision, Zoning, and Engineering Standards. The City of Owasso will provide water, sanitary sewer, Police, Fire, and EMS service to the subject property. PLANNING COMMISSION: The Planning Commission will consider this item at their meeting on November 12, 2018, ATTACHMENTS: Aerial Map Replat of Lot 5, Block 1 The Greens at Owasso and The Owasso Golf and Athletic Club Recorded plat for The Greens at Owasso and The Owasso Golf and Athletic Club Replat - Casey's Convenience Store 4499 1: •t r., y . {F � 4 Subject Property .. I: iff j�a LU r Z x :r 1 T R -14.E QT 5 2, �N 2 E. 161h S1.1 N, - - -- I ■ QT 5 2, �N 2 E. 161h S1.1 N, - - -- I I I I I I i I I I I I N �ip� s 1 r? e I I REPLAT The Greens at Owasso & The Owasso Golf and Athletic Club LOT 5a and LOT 5b, Block 1 Deln9a Replat ofle! SThe Groens a! Owasso & The Owasso GollandAlhle6c Clvb, An AOEilion Po the Clly olOwasso, TUlsa County, Oklahoma ZONED. PUD 96 I I I I I I I I i I I I I 1 I I I I I I I d I I I I I I I I It Its IELENn 4 F. ;9 i I I � I I I �I � ( nere; rpzr.re s+am rorz 'I I i MORRISON SHIPLEY » owgea c,eyMM EP 19JgVEYOq ZIM" I I I I I I i I I I I I N �ip� s 1 r? e I I REPLAT The Greens at Owasso & The Owasso Golf and Athletic Club LOT 5a and LOT 5b, Block 1 Deln9a Replat ofle! SThe Groens a! Owasso & The Owasso GollandAlhle6c Clvb, An AOEilion Po the Clly olOwasso, TUlsa County, Oklahoma ZONED. PUD 96 I I I I I I I I i I I I I 1 I I I I I I I d I I I I I I I I It Its IELENn 4 F. ;9 i I I � I I I �I � ( nere; rpzr.re s+am rorz 'I I i MORRISON SHIPLEY REPLAY.....,.,.. a. a«_, .�..�..,�.........,„..,........ The Greens at Owasso & The Owasso Golf and Athletic Club, _• „•,w_, „ LOT 5b and LOT 5a, Block 1 Being a RepldlofLO /S The Greens of Owasso B The Owasso GolfandAlhlellu Club, '••^^^^ ^••w^ An AdMonf a lhe Cityof Owasso. Take CerlyCklahoma � „'•„•`^• IONEO.'PU098 „„^„•, r „„r,,e,,,.ra.,,•,•,,,,,,,•„,,,, .,,,,,,,,•.,r..., >,. r [' .. u.mnww.r«c.. „ „a «m.ww.rnu.....a R Ryptt Ab LAS :Utsw C[ . ;f11 !'t4 ►X - JVAW VASIIWS trill SW tittVlltl t4f Ad. P9 14iS ) alp ♦Ilffl:7!•4'':1 I (t;. Wh ST. r4C ACTH) t._... __.. k U- 51'34' E 610.4( .� !.►s � rr .". 1 [ r:t `Ira l.'� 7 Mosaw ON E AW4 Oft1 fthtr teMar POW" t.si ALMS UMNAX V4 090 C XKy-6 MMMKMT �• I i �r 5 . s rI •4rlr ( 715.0 LLu, J •. -. e 5296 Q.Q.B. z i Subject Property q'lf �M A! i Al"I �Q, r �!' O1 4•I #� W :•:r .• t. «r }:.0 r... lV f w � i w ♦!N` f. � o f�' ksti • -3 u.s. V1 .i'. C•Y 1•.♦ b INrtf 4 '°A!' j • !.•I t.•f 1 --,, . • rte.' 4M rv�. 1 .� I..• { -.r w .. •r N. M ..sue. ✓ •.i! 4.re I♦ s. � s� REAL People • REAL Cearacmr • REAL Communlry TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton Jurisdiction Assistant City Planner SUBJECT: Rezoning (OZ 18 -04) - SW Corner of E 86th St N and N 145th E Ave DATE: November 9, 2018 BACKGROUND: The Community Development Department received a rezoning request for properly located on the southwest corner of E 86th St N and N 145th E Ave. The subject property is approximately 1.3 acres in size and is currently zoned OPUD 98 with an underlying zoning of RM (Residential Multi - Family). The applicant is requesting a rezoning to CS (Commercial Shopping), and they have also submitted a request to replat the property. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North ( ppin CS Commercial Shopping) Commercial Commercial City of Within Overlay No Water Provider City of Owasso Owasso South RM -1 (Residential Multi- Undeveloped Commercial City of Family Low Density) Owasso East C -4 (Central Service District) School Public /Institutional City of Owasso r��lRM -1 (Residential Multi- Undeveloped I I Commercial City of Family Low Density) Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 1.3 acres +/- Current Zoning RM -1 (Residential Multi - Family Low Density) Proposed Zoning CS (Commercial Shopping) Land Use Plan Commercial Within PUD? Yes; OPUD 98 Within Overlay No Water Provider City of Owasso Applicable Paybacks Storm Siren Fee ($50.00 per acre) E 76th N Interceptor Payback Area ($1,341.00 per acre) ANALYSIS: The subject property is currently a part of Lot 5, Block 1 in OPUD 98 for The Greens at Owasso and the Owasso Golf and Athletic Club. A Replat application has been submitted concurrently with this rezoning request that would result in the creation of a platted lot for the subject property. The remaining property within Lot 5 would become a separate lot that is not a part of this rezoning request and would retain its RM (Residential Multi - Family) zoning. While the subject property is currently zoned RM, OPUD 98 originally identified the subject property for "small commercial /office" land uses. Also, the GrOwasso 2030 Land Use Master Plan identifies this property for Commercial land uses. Therefore, staff concludes that the CS (Commercial Shopping) zoning requested in this case is appropriate for the subject property. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their meeting on November 12, 2018. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Aerial Photo Casey's General Store IC T� E 86th St N &dew,= 5b r SUBJECT PROPERTY ..... ... I q 1� -11 ca ff&WM Current Zoning Map OZ 18-04 riv E 86th St N I I . m. ' SUBJECT PROPERTY-f I IRV- I if FA sd REAL Poopla • ftEA. C.arader •REAL CommuNry TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton Jurisdiction Assistant City Planner SUBJECT: Rezoning (OZ 18-06) —SW Corner of E 761h St N and N 161st E Ave DATE: November 9, 2018 BACKGROUND: The Community Development Department received a rezoning request for property located on the southwest corner of E 76th St N and N 161st E Ave. The subject property is approximately 40 acres in size and is currently zoned AG (Agriculture). The property was annexed into Owasso City Limits in 2010 with Ordinance 974. The applicant is requesting a rezoning to RS -3 (Residential Single - Family High Density). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North RS -40 (Residential Single- Family Low Medium Density) Residential Residential Rogers County Within Overlay District? No Water Provider City of Owasso Applicable Paybacks South AG (Agriculture) Residential Residential Rogers County East Stone Canyon PUD Undeveloped Neighborhood Mixed Use City of Owasso West AG (Agriculture) Church Residential Rogers County SUBJECT PROPERTY /PROJECT DATA: Property Size 40 acres +/- Current Zoning AG (Agriculture) Proposed Zoning RS -3 (Residential Single- Family High Density) Land Use Plan Residential, Transitional, & Commercial Within PUD? No Within Overlay District? No Water Provider City of Owasso Applicable Paybacks Storm Siren Fee ($50.00 per acre) E 76th N Interceptor Payback Area ($1,341.00 per acre) ANALYSIS: The applicant is requesting a rezoning from AG (Agriculture) to RS -3 (Residential Single - Family High Density) to facilitate the development of a proposed residential subdivision. The western and southern halves of the subject property are called out for Residential land uses, while the northeastern quadrant of the subject property is called out for Transitional and Commercial land uses on the GrOwasso 2030 Land Use Master Plan. The remaining surrounding sides are called out for Residential land uses. Because the Land Use Master Plan permits a decrease in land use intensity without an amendment, and because a significant portion of the property is called out for Residential land uses, staff concludes that rezoning the property to RS -3 (Residential Single - Family High Density) is appropriate. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their meeting on November 12, 2018. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Aerial Photo OZ 18 -06 I — 6tli�r•''Nie� "ii r� ,41 E 76+ St N WX llWP.i il9 4, �v.� ii f 'Y 4 _� i� RN It- `D O SUBJECT PROPERTY -- ppgg, -a s� REAL Peoplo • ftEAL Chamcla. • REAL CommunLLy TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton Jurisdiction Assistant City Planner SUBJECT: OPUD 18 -02 /OZ 18 -05- Johnson Farms DATE: November 9, 2018 BACKGROUND: The Community Development Department received a Planned Unit Development (PUD) application (OPUD 18 -02) for Johnson Farms, a proposed office and commercial development. The subject property is comprised of two (2) tracts located north and south of E 100th St N, just west of N 129th E Ave. The property is approximately 13.7 acres in size and is currently zoned OL (Office Light), CS (Commercial Shopping), and RM ( Residential Multi - Family). A rezoning request (OZ 18 -05) was filed concurrently with this PUD application requesting that a zoning of CS (Commercial Shopping) be applied to the property. SURROUNDING LAND USE: Direction Zoning . Use Land Use Plan Jurisdiction North CS (Commercial Shopping) Medical Park Transitional City of Number of Reserve Areas N/A Within PUD? Yes; PUD 12 -01 Owasso South N/A Highway N/A ODOT East RE (Residential Single - Family Residential Commercial Tulsa County Estate) OM (Office Medium), West PUD 12 -01 /RM (Residential Multi- Apartments & City of Family), Detention Transitional Owasso & CS (Commercial Shopping) Area SUBJECT PROPERTY /PROJECT DATA: Property Size 13.699 acres +/- • Development Area A = 5.568 acres Development Area B = 9.554 acres +/- Current Zoning OL (Office Light), CS (Commercial Shopping), and RM (Residential Multi - Family) Proposed Use Office /Commercial Development Proposed Zoning CS (Commercial Shopping) Land Use Master Plan Commercial Number of Reserve Areas N/A Within PUD? Yes; PUD 12 -01 Within Overlay District? Yes; US -169 Overlay District Water Provider Washington County Rural Water District #3 Applicable Paybacks /Fees Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Streets (Public or Private) Public CONCEPT OF A PUD: A Planned Unit Development, also known as a PUD, is 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 building setback requirements and building height limitations, which can be more restrictive in standard zoning districts. However, a PUD should not be considered as 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. 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 ANALYSIS: The subject property was annexed with Ordinance 559 in 1997, and is currently zoned OL (Office Light), CS (Commercial Shopping), and RM (Residential Multi - Family). A rezoning request (OZ 18- 05) has been submitted concurrently with this PUD application, and the applicant is seeking a zoning of CS (Commercial Shopping) be applied to the entirety of the development. The Conceptual Site Plan for the development depicts several buildings assembled in an office /commercial park setting. All development within the PUD would be required to meet the requirements for the US -169 Overlay District, including architectural details, as well as any additional stipulations outlined in the approved PUD document. The proposed project is divided into two development areas, A and B. Development Area A (north of E 100th St N) is expected to develop first, and Development Area B at a later date. The PUD abuts a medial /office park to the north, a residential development in Tulsa County's jurisdiction to the east, US -169 to the south, and the 98 Apartments complex to the west. Access to the development would be taken from N 1291h E Ave and E 100th St N, with the final determination of access points and right -of -way dedication to occur at the time of platting. Existing sidewalks on E 100th St N would be connected to a new sidewalk on N 129th E Ave as each Development Area is platted and developed. The PUD intends to utilize, at least in part, the stormwater detention pond southeast of 98 Apartments. A detailed Landscape Plan would be required to be submitted for City approval at the time of Site Plan review for each phase of the development. A ten (10) foot buffer yard would be required on the northern property boundary of Development Area A, and a twenty (20) foot buffer yard would be required along the western property boundary for Development Area B. All landscaping and off - street parking would be required to meet the requirements of the Owasso Zoning Code. Signage for the development is proposed to be established with the approved PUD document similar to a comprehensive sign plan. On N 129th E Ave, four (4) monument signs with a maximum of eight (8) feet in height would be permitted for the entirety of the PUD. On E 100th St N, two (2) monument signs with a maximum of eight (8) feet in height would be permitted for the entirety of the PUD. One (1) multi- tenant pylon sign with a maximum of two hundred (200) square feet in display area and a maximum of thirty -five (35) feet in height would be allowed on the property's US -169 frontage. All signage must be constructed of materials that complement the buildings within the PUD and must have a landscaped bed. Maximum display surface area shall be determined by the Zoning Code. Wall signs and wayfinding signs would be permitted in the development, and would be required to meet the standards in the Owasso Zoning Code. All trash areas and mechanical equipment must be screened as per the Owasso Zoning Code. All lighting and architectural standards set by the Zoning Code and the US -169 Overlay District must also be met. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS to the property. Water service would be provided to the property by Washington County Rural Water District #3. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: After considering the existing zoning and land uses on the surrounding properties, staff determined that the proposed office /commercial development with a zoning of CS (Commercial Shopping) is appropriate for this location. The proposed development would be in harmony with the office /medical park to the north, and the apartment complex to the west would be protected from the development with a required buffer yard. Also, an office /commercial park complements the existing development in this area. GrOWASSO 2030 LAND USE MASTER PLAN CONSISTENCY: Currently, the GrOwasso 2030 Land Use Master Plan identifies the entirety of the subject property for Commercial land uses. Therefore, the zoning of CS (Commercial Shopping) is appropriate for this PUD request. PUD CONSIDERATION: When evaluating a PUD, future planning issues must be considered. According to the Owasso Zoning Code, the Planning Commission and City Council shall evaluate any PUD application to determine the following: 1. Whether the PUD is consistent with the GrOwasso 2030 Land Use Master Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD Ordinance, which are: a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their meeting on November 12, 2018. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Johnson Farms PUD Proposal Aerial Photo Johnson Farms jSUBllCT PROPERTY R �I a - W1,71, N �O m a m s , . _ ter. �• �`�ii Zoning Map Johnson Farms Residential Z .6 g, p, Estate N V z M N SUBJECT PROPERTY IAans]ty, i Commercial Commei j^ Shopping i I q i Shp] Center i i `bq Cete t S, , n i J VI E , u3rd Residential Single Family Medium M.nsity - F t(IUlli Si C / l OtTcc - � Medium a�sirtenttal .� t iglJ Single F1i6f175(? -I ramify Medium IAans]ty, i Commercial Commei j^ Shopping i I q i Shp] Center i i `bq Cete t S, , n i J VI E , u3rd Residential Single Family Medium M.nsity JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 APPRWOMATBvl&wA76 OF UST I WEN SWETNORTH AM NORTH 12PRIEASTAY9M OMMSSGOKLAHOMA A 14 E bceYm Mee OCTOBER 2018 OWNER: MARK& ONRAFAYE JOHNSON 5070 E 72ND STREET N OWASSO.OK74055 APPLICANTICONSULTANT. 21 SUER &DEFRICH 2727 E 21ST STREET K100 N TULSA, OK 74114 (018)747 -SWO OCTOBER 2018 REVISED NOVEMBER 5, 2018 CONSULTANT: TANNER CONSUOING LLC dJ RICKY JONES STSS LEWISAVE TULSA OK 74105 RK2(YOTANNERSAITSHOP.COM JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 Table of Contents Page 1. DEVELOPMENT CONCEPT ..................................................... ..............................1 II. DEVELOPMENT STANDARDS ............................................... ..............................2 1I1. LEGAL DESCRIPTION .............................................................. ..............................7 IV. SCHEDULE OF DEVELOPMENT ............................................ ..............................7 Exhibit "A" - Conceptual Site Plan Exhibit `B" - Aerial Photograph Exhibit "C" - Owasso Comprehensive Plan Exhibit "D" - FEMA Floodplain Map Exhibit "E" - Existing and Proposed Utilities Exhibit "F" - Existing Topography and Soils Exhibit "G" - Access and Circulation Exhibit "H" - Existing Zoning Map Exhibit "P' - Proposed Zoning Map Exhibit "J" - Development Area "A" — Legal Description Exhibit "K" - Development Area "A" - Map Exhibit "L" - Development Area `B" — Legal Description Exhibit "M" - Development Area `B" - Map JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 I. DEVELOPMENT CONCEPT The 13.699 acre Johnson Farms Project is split into two (2) tracts (called "Development Area `A "' and "Development Area `B "' herein) by East 100th Street North. The Project is bounded on: (1) the east by North 1291h East Avenue; (2) the south by U.S. Highway 169; (3) the west by the 98 Apartments and St. John Hospital at Owasso; and (4) the north by an office park. The Conceptual Site Plan for the Project is shown on Exhibit "A ". Exhibit `B" is an aerial photograph which indicates the location of the Project, as well as the development challenges, including the shallow rock on the Project as well as the opportunity to use the detention pond constructed during the development of the 98 Apartments to detain storm water from all or part of the Project. The Project is planned to attract office, medical office and commercial uses into this commercial corridor in accordance with the Owasso Comprehensive Plan. The portion of the Owasso Comprehensive Plan for this area is shown on Exhibit "C ". Access to the Project will be from both North 1291h East Avenue and East 100" Street North. The Project is located entirely within FEMA Flood Zone X, outside of the 500 year floodplain. A copy of the FEMA Floodplain Map for the Project is attached hereto as Exhibit "D ". The Project will be platted and developed in phases. Development Area "A" is expected to develop first. Right -of -way will be dedicated, as necessary, during the platting and development of Development Area "A" and Development Area `B" to comply with the Owasso Major Street and Highway Plan. Sidewalks will be extended along North 1291h East Avenue as each Development Area is platted and developed, these new sidewalks will connect with existing sidewalks along East 100`' Street and North 129`h East Avenue. The Project will have a project sign along the south boundary of Development Area `B" that will be available for use by any of the owners of the Project in accordance with a private easement agreement. Detailed landscape plans shall be submitted for City approval at the time of Site Plan review. A] I landscaping will comply with the requirements of the Owasso Zoning Code. JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 II. DEVELOPMENTSTANDARDS Development Area "A" LAND AREA: Gross: Net: PERMITTED USES: 5.568 Acres 4.983 Acres The principal uses permitted in the CS Commercial District are permitted as a matter of right, together with uses customarily accessory to the permitted uses. MAXIMUM LAND COVERAGE OF BUILDINGS: MAXIMUM BUILDING HEIGHT: 30% 35 FT* *Architectural elements and business logos may exceed the maximum building height with City of Owasso approval. OFF - STREET PARKING: As required by the Owasso Zoning Code; unless otherwise modified by the City of Owasso or the Owasso Board of Adjustment. MINIMUM BUILDING SETBACKS: From the east boundary 25 FT From the south boundary 25 FT From the west boundary 17.5 FT From the north boundary 17.5 FT Internal side lot setback 0 FT ** ** Or as otherwise established by plat or lot- split. JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 BUFFER YARD: A ten (10) foot buffer yard will be provided along the northerly boundary of Development Area "A ", and such buffer yard shall include landscaping to be approved by the City at the time of Site Plan review. 2 JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 Development Area "B" LAND AREA: Gross: Net: PERMITTED USES: 9.554 Acres 8.716 Acres The principal uses permitted in the CS Commercial District are permitted as a matter of right and together with uses customarily accessory to the permitted uses. MAXIMUM LAND COVERAGE OF BUILDINGS: MAXIMUM BUILDING HEIGHT: 30% 35 FT* *Architectural elements and business logos may exceed the maximum building height with City of Owasso approval. OFF - STREET PARKING: As required by the Owasso Zoning Code; unless otherwise modified by the City of Owasso or the Owasso Board of Adjustment. MINIMUM BUILDING SETBACKS: From the east boundary From the south boundary From the west boundary From the north boundary Internal side lot setback 25 FT 125 FT 20 FT 25 FT OFT ** ** Or as otherwise established by plat or lot- split. 3 JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 All Development Areas BUFFER YARD: A twenty (20) foot buffer yard will be provided on the westerly boundary of Development Area `B ", and such buffer yard shall include landscaping to be approved by the City at the time of Site Plan review. BUILDING MATERIALS: Exterior building materials shall comply with the standards set forth in the chapter governing the US -169 Overlay District in the Owasso Zoning Code. SIGNS: Ground Signs: Ground signs will be permitted as follows: A. One (1) monument sign with a maximum of eight (8) feet in height will be allowed for Development Area "A" on North 120 East Avenue. Up to four (4) monument signs with a maximum of eight (8) feet in height will be allowed for Development Area `B" on North 129h East Avenue. B. Two (2) monument signs with a maximum of eight (8) feet in height will be allowed for Development Area "A" on East 100`' Street North. One (1) monument sign with a maximum of eight (8) feet in height will be allowed for Development Area `B" on East 100`h Street North. C. One (1) project identification sign along U.S. Highway 169 frontage, which sign shall not exceed 35 FT in height and 200 SF in surface display area. D. All monument ground signs shall have a base constructed of materials that complement the building(s) in the Project and shall be set in a landscaped bed and maximum display surface area shall be as permitted by the Owasso Zoning Code. LIGHTING: JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 Wall signs: Wall signs will be permitted not to exceed 2 SF in surface display area per linear foot of building wall to which attached. The length of the wall sign shall not exceed 80% of the frontage of the building. Lighting standards shall be hooded and directed downward and shall not exceed 20 FT in height when abutting residential districts. 2. Building mounted lights shall be directed downward. 3. All outdoor lighting shall comply with standards for same per the Owasso Zoning Code. UTILITIES: SOILS: The existing and proposed utilities are shown on Exhibit "E" attached hereto. The soils in the area are the Bates - Coweta Complex. The existing topography and soils is shown on Exhibit "F" attached hereto. LANDSCAPED AREA: Landscaping shall comply with the Owasso Zoning Code. TRASH AND MECHANICAL EQUIPMENT AREAS: All trash and mechanical equipment areas (excluding utility service transformers, pedestals or equipment provided by franchise utility providers) including building mounted, shall be screened from public view in such a manner that the same cannot be seen by a person standing on any part of the property line at ground level. Trash dumpster areas shall be screened by a masonry construction with steel doors. The doors shall be covered with an appropriate covering containing a minimum of 95% opacity on the gate frame. JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 NO OUTSIDE STORAGE: There shall be no outside storage or recycling material, trash or similar materials outside of a screened receptacle, nor shall trucks or trailer trucks be parked unless they are actively being loaded or unloaded. Trick trailers and shipping containers shall not be used for storage. ACCESS AND CIRCULATION: The Project will have access and circulation as shown on Exhibit "G " *. *Access and circulation may change at the time of platting. PEDESTRIAN ACCESS AND CIRCULATION: Sidewalks are in place along East 100"' Street North. Sidewalks shall be provided along North 1291' East Avenue as each lot is platted and developed and, when constructed, shall connect with the existing sidewalk on each side. ZONING: Currently, the Project is located within the OL, CS, RM and PUD- 12 -01. All of the Project will be rezoned to the CS — Commercial Shopping District. A copy of the existing Zoning Map for the Project is attached hereto as Exhibit "H ". All of the Project is proposed to be rezoned to the CS District overlayed with this PUD as shown on Exhibit "I". JOHNSON FARMS OPUD -18 -02 / OZ 18 -05 III. PROPERTY DESCRIPTIONS: The legal description of Development Area "A" is attached hereto as Exhibit "J" and the location of Development Area "A" is shown on Exhibit K" attached hereto. The legal description of Development Area "B" is attached hereto as Exhibit "L" and the location of Development Area `B" is shown on Exhibit "M" attached hereto. IV. SCHEDULE OF DEVELOPMENT: The anticipated construction start date for the first phase of development within the Project is anticipated to start the third quarter of 2019. 05.1038 /0045/Zoning/PUD /PUD Text-6 (2018.11.05) clean OPUD 18 -02 /OZ 18 -05 Johnson Farms EXHIBIT "A" CONCEPTUAL SITE PLAN CONCEPTUAL LAYOUT SHOWN AS OF SEPTEMBER 19, 2018 I-- LU a a OFFICE /MEDICAL _j UJI Wa I p 0 9 0 E. 100TH ST. N. i ' OFFICE/MEDICAL RESTAURANT/ RETAIL z w� 0m oa o a uj \a x ti#4 CD 04 y. z z ` % 5 O 5• i �J• PROJECT SIGN EXHIBITA OPUD 18 -02 1OZ 18 -05 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 • OCTOBER 2018 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 NOT TO SCALE NORTH OPUD 18 -02 1OZ 18 -05 Johnson Farms EXHIBIT "B" AERIAL PHOTOGRAPH WITH BOUNDARY DEPICTION AND ADJACENT DEVELOPMENTS LABELED EXHIBIT B OPUD 18 -02 1OZ 18 -05 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 OCTOBER 2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 NOT TO SCALE NORTH OPUD 18 -02 10Z 18 -05 Johnson Farms EXHIBIT "C" OWASSO COMPREHENSIVE PLAN DATA OBTAINED FROM GROWASSO 2030 LAND USE MASTERPLAN, EFFECTIVE 2016 W 2 F Of N r Land Use Categories - Commercial - IndushleVRegional Employment Neighborhood Mixed Use (Light Office, Commercial Shopping, Attached Housing, SF Housing, Apartments above retail) Parks/Recreation ® PubliGlnstilutionaVOuasi Public Residential Ji Transitional ® 'US -169 Overlay District ® "Glenn -Mur Addition Special District L • "Downtown Development District ',-1 100yr Floodplain Planned Trail /On- Street Bikeroute/ -----W Complete Street Existing trail A Fire Station j Existing Public School gFuture Public School Civilian Airstrip Future Park and RideRransit Stop © Hospital Q Public Park v Golf Course A Cemetery EXHIBIT C OPUD 18 -02 /OZ 18 -05 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 • OCTOBER 2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 NOT TO SCALE NORTH OPUD 18 -02 /OZ 18 -05 Johnson Farms EXHIBIT "D" FEMA FLOODPLAIN MAP FLOODPLAIN DATA REFLECTS FEMA FIRM PANEL NO. 40143000440, EFFECTIVE 08/03/2009 W J1 7U , Ilk blfR � a 14 �I• 1 1 ,1 ss: j1 1 1 `1 EXHIBIT D OPUD 18-02/OZ 18 -05 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 OCTOBER 2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 ... ILK—, "e' , 7 0 j+ i NOT TO SCALE NORTH OPUD 18 -02 1OZ 18 -05 Johnson Farms EXHIBIT "E" EXISTING AND PROPOSED UTILITIES CONCEPTUAL LAYOUT SHOWN AS OF SEPTEMBER 19, 2018 EXISTING UTILITIES IN PART LOCATED USING OWASSO OVERALL CITY SEWER & WATER ATLAS EXHIBIT E OPUD 18 -02 /OZ 18 -05 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 OCTOBER 2018 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 NOT TO SCALE NORTH OPUD 18-02/OZ 18 -05 Johnson Farms EXHIBIT "F" EXISTING TOPOGRAPHY AND SOILS SOIL DATA FROM USDA WEB SOIL SURVEY, ACCESSED SEPTEMBER 19, 2018 TOPOGRAPHIC DATA FROM KIMLEY -HORN BATES - COEWTA 't \ ,� }` ``O 11 \`� COMPLEX t � \ t \ � ,� \ 1 `�. `� \ n_. 3%-5% SLOPES IN N E. 100TH ST. N. t t t Q \ \ t t COWETA -BATES COMPLEX 3 % -S% SLOPES i H 04 � \ r m i , Z v t, ' 1 \ 4 0 y,Q, EXHIBIT F OPUD 18 -02 1OZ 18 -05 TANNER CONSULTING LLC, CERTIFICATE OFAUTHORIZATION NO. CA 2661 • OCTOBER 2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 NOT TO SCALE NORTH OPUD 18 -02 1OZ 18 -05 Johnson Farms EXHIBIT "G" ACCESS AND CIRCULATION CONCEPTUAL LAYOUT SHOWN AS OF SEPTEMBER 19, 2018 Z r -- H TRAFFIC FLOW LU a. �a OQ uj jPEO�ra Lu F - -� E. 100TH ST. N. } y T I W : y gm y T T w 0 ui 1 N y. Z EXHIBIT G OPUD 18 -02 /OZ 18-05 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 • OCTOBER 2018 5323 S LEWIS AVE, TULSA, OK 741051918-745.9929 NOT TO SCALE NORTH OPUD 18 -02 1OZ 18 -05 Johnson Farms lW4:► EXISTING ZONING MAP DATA OBTAINED FROM INCOG GIS, ACCESSED SEPTEMBER 19, 2018 EXHIBIT H OPUD 18 -021OZ 18 -05 TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 OCTOBER 2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 NOT TO SCALE NORTH OPUD 18 -02 /OZ 18 -05 Johnson Farms EXHIBIT "I" PROPOSED ZONING MAP DATA OBTAINED AND MODIFIED FROM INCOG GIS, ACCESSED SEPTEMBER 19, 2018 CS OPUD 18-02 1 PUD- 12 -01A I I ' I I,, CS I PUD -12 -01 I OPUD 18 -02 � I t I 'r EXHIBIT I OPUD 18 -02 /OZ 18 -05 TANNER CONSULTING LLC, CERTIFICATE OFAUTHORIZATION NO. CA 2661 OCTOBER 2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 cs NOT TO SCALE NORTH Exhibit "J" PAGE 1 OF 1 Johnson Farms Development Area "A" - Property Description Description A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE /4) OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE /4) OF SECTION 17; THENCE SOUTH 1'19'35" EAST ALONG THE EASTERLY LINE OF SAID SE /4 FOR 296.80 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE CONTINUING SOUTH 1'19'35" EAST ALONG SAID EASTERLY LINE FOR 150.21 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 169; THENCE SOUTH 88'40'25" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE FOR 33.00 FEET; THENCE SOUTH 12'31'48" WEST ALONG SAID WESTERLY RIGHT OF WAY LINE FOR 154.50 FEET; THENCE SOUTH 1'19'35" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE FOR 40.49 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF EAST 100TH STREET NORTH; THENCE SOUTH 88'40'25" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE FOR 618.15 FEET TO THE SOUTHEAST CORNER OF LOT ONE (1), BLOCK FIVE (5), OWASSO MEDICAL CAMPUS, A SUBDIVISION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE NORTH 1'19'35 "WEST ALONG THE EASTERLY LINE OF SAID LOT 1, BLOCK 5, OWASSO MEDICAL CAMPUS, THE SAME BEING A SOUTHERLY EXTENSION OF THE WESTERLY LINE OF OWASSO MEDICAL PARK, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, FOR 320.79 FEET TO THE SOUTHWEST CORNER OF SAID OWASSO MEDICAL PARK; THENCE NORTH 87'00'58" EAST ALONG THE SOUTHERLY LINE OF SAID OWASSO MEDICAL PARK, AND AN EASTERLY EXTENSION THEREOF, FOR 688.44 FEET TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 217,044 SQUARE FEET OR 4.983 ACRES. I Tanner I-onsuking L." 09/28/2018 RMCGILL 18126—TRACT DESCRIPTIONS 5323 SOUb I LEVAS AVENUE. TU:S4 OKLAHOMA 74 05- 6539 1 97 745.9929 «! _ U .\ �z \\ N 2gA Sg ±EL&&N_\ �) o§, o�% Ems® 3.92.6Le ct �� .m3i a� — 9.� III-1 ° � kw -� ~ $� 00 OL a /k _7 § % T-- _ el; k / ) az} § M F- � /■ / - / \ d § ■■ o � y �k S E ©k m I. �2 , CO MN t \ \ .201 W'. o % © § | % \ § *§j � ` | | #-ISV 3 H16 _H18 m - § § (] ~§ / scJE _@ ( u k �| §) s�eLiN \2 �� E | 0) \ k k ) ` \ 2 )| %% K, § mdUpa rore\z |F� #O k§ \ m@mVO HINo| } \2( Exhibit "L" PAGE 1 OF 1 Johnson Farms Development Area "B" - Property Description Description A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE /4) OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER (SE /4) OF SECTION 17; THENCE NORTH 1'19'35" WEST ALONG THE EASTERLY LINE OF SAID SE /4 FOR A DISTANCE OF 1949.40 FEET; THENCE SOUTH 88 °40'25" WEST FOR A DISTANCE OF 70.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 169 AND TO THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE FOR THE FOLLOWING FOUR COURSES; SOUTH 1 °19'35" EAST FOR A DISTANCE OF 99.40 FEET; THENCE SOUTH 9 °59'01" WEST FOR A DISTANCE OF 101.98 FEET; THENCE SOUTH 1 °19'35" EAST FOR A DISTANCE OF 546.17 FEET; THENCE SOUTH 48 °54'03" WEST FOR A DISTANCE OF 389.47 FEET, THENCE NORTH 0 °03'42" WEST FOR A DISTANCE OF 260.90 FEET; THENCE NORTH 47 °55'32" WEST FOR A DISTANCE OF 83.96 FEET; THENCE NORTH 64 °03'53" WEST FOR A DISTANCE OF 105.25 FEET; THENCE NORTH 37 °36'26" WEST FOR A DISTANCE OF 85.11 FEET TO A POINT ON THE EASTERLY LINE OF LOT 1, BLOCK 1, "91NETYEIGHT ", AN ADDITION TO THE CITY OF OWASSO, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6529), COUNTY OF TULSA, STATE OF OKLAHOMA; THENCE ALONG SAID EASTERLY LINE FOR THE FOLLOWING THREE COURSES; NORTH 1 °19'35" WEST FOR A DISTANCE OF 304.43 FEET, THENCE NORTH 21 °10'25" EAST FOR A DISTANCE OF 211.36 FEET; THENCE NORTH 1 °19'35" WEST FOR A DISTANCE OF 59.69 FEET TO POINT ON THE SOUTH RIGHT -OF -WAY LINE OF EAST 100TH STREET NORTH; THENCE NORTH 88 °40'25" EAST AND ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 437.62 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 379,680 SQUARE FEET OR 8.716 ACRES. 09/28/2018 RMMLL 18126-TRACT OESCMPTIONS Location Map N1 `19'35 "W 59.69' NI _f 2 3 In in Md Jjn2 -'r-yr jf-jht Z M 1 Exhibit "M" Johnson Farms Development Area "B" Map EAST 100TH STREET NORTH St'1 S9059'01 "W 101.96' DEVELOPMENT AREA "B" N37'36'35 "W 85.10' Ns4b3s3* / 3 • O Unplar-'r_ed o O N z LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT 09/26/2018 RAICOILL 18126-TRACT DESCRIPTIONS NORTH NOT TO SCALE R 14 E EAST 106TH ST NORTH F- w N w �^ ^� }a < w ^LO Nl �pl Q 2 = r to r vrn = O1 rri � it 0 a T 17 21 W O �w v+a. d u 0 Location Map N1 `19'35 "W 59.69' NI _f 2 3 In in Md Jjn2 -'r-yr jf-jht Z M 1 Exhibit "M" Johnson Farms Development Area "B" Map EAST 100TH STREET NORTH St'1 S9059'01 "W 101.96' DEVELOPMENT AREA "B" N37'36'35 "W 85.10' Ns4b3s3* / 3 • O Unplar-'r_ed o O N z LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCEMENT 09/26/2018 RAICOILL 18126-TRACT DESCRIPTIONS NORTH NOT TO SCALE 83.96' i V Ln l POC S£ CORNER SE 14 SEC 17 THE ILLUSTRATION SHOWY HEREON IS INTENDED TO DEPICT THE LAND DESCRIPTION TO WHICH IT IS ATTACHED AND DOES NOT REPRESENT A LAND OR BOUNDARY SURVEY PLAT AS DEFINED BY THE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR THE STATE OF OKLAHOMA. Tanner 323 5 RUTH LEWIS AWNLE, -W SA OHIAI +OVA - iegi -ni39 1 9'd /�. "a 59F^ F- N w 3 }a < w ^LO Nl �pl v n 2 = r to r vrn = O1 rri � it 0 z 83.96' i V Ln l POC S£ CORNER SE 14 SEC 17 THE ILLUSTRATION SHOWY HEREON IS INTENDED TO DEPICT THE LAND DESCRIPTION TO WHICH IT IS ATTACHED AND DOES NOT REPRESENT A LAND OR BOUNDARY SURVEY PLAT AS DEFINED BY THE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR THE STATE OF OKLAHOMA. Tanner 323 5 RUTH LEWIS AWNLE, -W SA OHIAI +OVA - iegi -ni39 1 9'd /�. "a 59F^ sd REAL PeopIOREALC actor -REAL Community TO: Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: Final Plat - Arvest Bank North DATE: November 9, 2018 BACKGROUND: The City of Owasso received an application for the review and approval of a Final Plat for Arvest Bank North. The subject property is located immediately east of the new Kum and Go which is presently under construction and will be addressed as 13716 E 106th St N. The parcel is approximately 1.78 acres in size and zoned CS (Commercial Shopping). The proposed use is a bank, which is allowed by right within this zoning district. The subject property was annexed under Ordinance 633 in March, 2000. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North AG (Ag(culture) Undeveloped Commercial City of Owasso South CS (Commercial Shopping) Undeveloped Commercial City of Owasso East RS -3 (Residential Single Family) Church Transitional City of Owasso West CS (Commercial Shopping) Convenience Store Commercial City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 1.78 acres +/- Current Zoning CS Commercial Shopping) Proposed Use Financial Institution Bank Land Use Plan Commercial Lots /Blocks I Lot, 1 Block Within PUD? No Within Overlay District? Yes; US -169 Overlay District Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm siren fee ($50.00 per acre) Elm Creek Sanitary Sewer Payback 1580.00 er acre ANALYSIS: The subject property will have access to E 106th St N through a Mutual Access Easement (MAE) along the west and south sides of the property. This will avoid additional curb cuts along E 106th St N or N 138th E Ave. Limits of No Access (LNA) have been identified on the remaining property boundaries outside of the MAE. There will be 0.123 acres in the northeast portion of the property that will be dedicated as right -of -way with this plat. A twenty (20) foot utility easement is located along the north and east sides of the property to allow the new structure to have adequate access to utilities. The City of Owasso will provide Police, Fire, EMS and sanitary sewer service, with water service provided by Washington County Rural Water District #3. Future development on this lot shall adhere to all Subdivision, Zoning, and Engineering requirements of the City of Owasso. The property lies within the US -169 Overlay District and any Site Plan submitted for the subject parcel shall adhere to the requirements of this Overlay District. The project will be subject to any required sanitary sewer paybacks as well as the storm siren fee. PLANNING COMMISSION: The Planning Commission will consider this item at their meeting on November 12, 2018. ATTACHMENTS: Aerial Map Final Plat, Arvest Bank North Arvest Bank North Foal Plat A Subdivision in the NE/4 of Section 16, T -2I -N, R -14 -E, of the lodian Base & Meridian, City of Owasso, TNlsa County, Stnte of Oklahoma. Zone CS PnMT OF COMIAEl, EMENT �y P011li OF BEGINNR4^ IIW mRN6n OF Inc NE /., East I r oVEh Street North / 56' R,v ➢E ➢,CA i£➢ /SEC. 6. T -SI -N. R-' -E N 88 °44'40 "E - DY T1u PLAI 1051.62' N 88 °44'40" L• rvonn tme -mat /< ,n — 0 3' xonn uwo 0 -14 —� N 01'15'20 " IV 50.00' Fc n6 1 /6' IP_ o h __ _ - -�— . /Cap 60'0!lsel 20• Rvn 3 VnsN'nDSOn e0 Caz WA 1 81467. 02 LNA IO7.fl3' LNA FjR$ / UNITED 20.00 LOA f46 79 6- �—y N 88 °44 40 "E va 107_33' ' G HETHN� %J'T I ° CHRUCH AIILITIDN 20' N(, £ASEH56 ( V '1 2 IP. S 6 I PALE 2567 I3D00 E I061M N`VP STREET N F,m, IS/ V c �� 2➢'VASCR CASCMCNI INN 69 16, PA6c !05] CON IONINL AS -J (P'JD :BI d /a' LPrI 1.68' LNA /CO4 I _- �CTBALK L�NC J ER ➢fSIRfCF NA 9 NATURAL LAS s 1111111 CASEMENT LOT 103 6 12' PSG ROW EASEMENT 94 ROD 2004092283 Se 3/8 P I DOCtl z9➢4110636 I I I BLOCK I i ^ BOOK 61 FADE ]29 x/ 00, `^ � KUhf 2 /'1610 / ADD]TIL7N #847 lb- I ADDRESS: 13716 E 106th STREET N I O 13791 C 105 S1REE1 ll. M I I y ZONING LS ]1 I°^ d� PRVCSx BnNN p JO N I PARCEL .M 91gifi .16. 0)580 1 I/ I WN / I � Mutual Pccess Cvsenent ' i / .cJ'I I ,� Fvune J, ➢oc No 201P02L9d> w /CVO / n 111 cc ess 17--, .enx O1101 / 6At N Q Ooc No 20/902680 227.87' Eoum yr cR I �-�� S D8 ° •18'24 "W 5 �� .>eva Isa 4ocr� Ell J /9• LP. / — — — w /fhP / ter. 1➢' PsI e D nzonenx �—rr ���= L 02LB46 _ o CASENEI No 2019 \ K 604 PG 20H> I EROS Eet A. AI/CA oNPLNnco I I \ \ zGN1rvG cs/ $. • /c.A oo f➢Y SCPARA�'C INS /RUMCNT)n / 11P16nCAll DK____- PC - - - -- A. PAGE 2564 OC .1 6473 PAGE 2564 O WIN, 136th CAST ➢ ➢Y Doc NO 2017009044 NN a li E E IMN SI n T E..11' 2 N L Cpt ll M. \l RWC 1'.JO tar W axv� 1 1 M M111ES, ll. . 6x�1)ia_�na .T' MF'�iiCCRwS Ero m�uRML 11TA's, ixT .11-T. ,I.- �. uNuAl ARVEST BANK OWASSO NNOORA I D. SIiGN T l OF Z i'. ITT- ARVEST BANK OWASSO NORTH DEED OF DEDICATION AND RESTRICTIVE COVENANTS naas� � ARVEST BANK OWASSO NORT l SIIEET2OF2 sd REAL Pwpla • REpLChanelar •PEAL Lemmunlry TO: Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: GrOwasso 2030 Land Use Master Plan Update DATE: November 9, 2018 BACKGROUND: The GrOwasso 2030 Land Use Master Plan (Plan) is an important policy document used by City staff, the Planning Commission, and the City Council to guide land use decisions, including decisions on rezoning cases. The Plan was approved by City Council with Resolution 2014 -07. Unlike the Zoning Map, the Land Use Master Plan is not considered a codified document that is law but is more accurately described as a flexible regulatory tool. The Plan is a fluid document that periodically requires changes and adjustments as development trends in Owasso respond to infrastructure improvements, sanitary sewer extensions, annexations, rezoning cases, and roadway projects. For example, in November 2016, the City Council approved an amendment to the Plan which introduced a new zoning district called RNX (Residential Neighborhood Mixed). Having a Land Use Plan that is relatively current is important to the performance of the Community Development Department and to the City as a whole. Since the 2016 amendment, there have been several events that require the Plan to be re- assessed. Staff is bringing forth a proposed Plan amendment for consideration that addresses these events and subsequent changes in development trends. PROPOSED UPDATES TO THE LAND USE MASTER PLAN MAP: The proposed updates are focused on amending the Land Use Master Plan map and brochure. The goals and objectives of the Plan would not change with this update. Also, the booklet that accompanies the Plan is not proposed to be amended at this time. Staff anticipates proposing a major Plan update in the next two to three years, which will involve the creation of a committee, revisiting goals and objectives, inventory of infrastructure, public opinion surveys, holding public workshops, etc. PUBLIC INPUT MEETING AND PUBLIC HEARINGS: On Thursday, September 20, 2018, a public input meeting was held in the Community Room at City Hall to allow citizens to review the updated map and ask questions. Approximately twelve (12) citizens attended the meeting, and staff addressed several questions. Additionally, the Owasso Reporter ran a story on the proposed Plan update. Staff is holding a Public Hearing on the proposed update at the November 12, 2018, Planning Commission meeting as well as the November 20, 2018, City Council meeting. ATTACHMENT. Proposed GrOwasso 2030 Land Use Master Plan Update 2030 GrOwasso Land Use Master Plan Suggested Changes LEGEND � �w.•imex.� -r aMw. m o �� sd 0�1.p'.-RMCM. ,•REAL Cemmunlry TO: Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: Adoption of the Official Zoning Map of Owasso DATE: November 9, 2018 BACKGROUND: During the October 2018 work session, staff presented proposed amendments to the current Official Owasso Zoning Map and Council discussion was held. The proposed amendments are intended to correct mistakes and discrepancies with the current map ensuring the City operates with a correct base zoning map moving forward. The required public hearings to receive citizen comments regarding the map amendments occurred during the October 8, 2018, Planning Commission meeting and the October 16, 2018, City Council meeting. No citizens spoke at either public hearing. An item has been placed on the November work session for any additional discussion. Staff anticipates presenting an ordinance adopting the proposed official zoning map for the City of Owasso during the November 20, 2018, Council meeting. PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their meeting on November 12, 2018. ATTACHMENTS: Current Zoning Map Proposed Amended Zoning Map Staff memorandum dated October 5, 2018 " a ... El „ M I.. vn x, r, 1 _ : v �+ TTFk p1 e ..FrAj Tj rR, Gm i -! ., j nrvaow,.,o • . L'mno- n LI _. _ -. �I Proposed New Zoning Map E E z r4 1261h St. N 1, IT U �. lh $1. N. r—L . L; w IT k 106th St. N. Lj LIS Legend SUP [7 1 PUD 96th St. N. ®w tea ornlov Lr-- cG CH cs 86th St. t Hill i cm MIL o -141 N L 7fith St.. m S M RMH 0 A25 0.5 1 r---- L tvS R54 661h St. x r'J 1 11 s� REAL People • REAL CM1amchr • REAL Communlly TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: Adoption of the Official Zoning Map of Owasso, Discussion DATE: October 5, 2018 BACKGROUND: On June 15, 2018, the City Council approved the new Owasso Zoning Code, effective on July 15, 2018. During the course of the adoption process of the Zoning Code, it was discussed with the Planning Commission and the City Council that staff intended to present a new, official Zoning Map for consideration after the adoption of the new Code. Since the early 1970s, Owasso's official Zoning Map has been kept by the Indian Nation Council of Government's ( INCOG) mapping division. This map serves as City staff's primary source for checking the zoning, and therefore the allowed land uses, on an individual's property. Staff also regularly uses the Zoning Map in conjunction with the GrOwasso 2030 Land Use Master Plan in evaluating various development applications, such as Planned Unit Developments (PUDs) and Site Plans. However, in the past several years, discrepancies began to surface between what was designated on the official Zoning Map kept by INCOG and what the County Assessor's office had identified in their database. Discrepancies between these two sources of zoning information were also found in the underlying zoning of some PUDs when compared to how the PUDs were approved by the Owasso City Council. These inconsistencies can result in significant issues for both City staff and developers. For example, in 2012 a mapping error due to a confusing legal description resulted in an error on the official Zoning Map that caused a two -month delay with a significant development project. Having an accurate Zoning Map is critical to the performance of the Community Development Department and the City as a whole. Conflicting information on the Zoning Map causes confusion, uncertainty, loss of time and productivity, and exposes the City to legal challenges. Having one correct Zoning Map serving as the official Zoning Map from this point forward alleviates these issues. Extensive research has been done on the causes of these zoning discrepancies. Staff has now verified the correct zoning for properties in Owasso and has created a new Zoning Map. PROPOSED NEW OWASSO ZONING MAP: First and foremost, the proposed new Zoning Map aims to address the inconsistencies between INCOG's Owasso Zoning Map, the County Assessors' records, and ordinances on file for the City of Owasso. Over the past several years, staff has located and reviewed many filed ordinances and PUD documents in an effort to determine the correct zoning on properties where discrepancies were known to exist. Additionally, INCOG's maps were compared to internal maps to identify areas of inconsistency. The proposed new Zoning Map would correct these zoning issues. It was found that the errors typically occurred for the following reasons: • An ordinance was not sent to INCOG so their map was not correctly updated • The legal descriptions were not mapped correctly • The ordinance did not identify the proper zoning • The underlying zoning of a PUD was never called out in the ordinance and thus was never shown correctly on the map Second, the proposed Owasso Zoning Map addresses zoning in the Downtown District. In previous versions of the Owasso Zoning Code, the CH (Commercial High Intensity) zoning district was used to "accommodate high intensity commercial and related uses." Historically, a majority of the CH zoning in Owasso was in the downtown area. When the Downtown Overlay District was passed in 2015, it placed modified requirements for development in the Downtown District. Due to the Downtown Overlay requirements, many of the uses historically allowed in the CH zoning district were no longer allowed except for those already in operation, essentially making them non - conforming uses. In the new Zoning Code, additional rezoning of any property in Owasso to the CH zoning district beyond what is already active is not permitted. To supplement the discontinuation of the CH zoning district, the DM (Downtown Mixed) zoning district was created with the new Zoning Code to "accommodate certain types of high- intensity commercial, mixed -use, office, and residential development." Essentially, the DM district was established to supplant the CH district, with the stipulations of the DM zoning district being better suited to the development desired within the Downtown Overlay District. With the new Zoning Map, staff is proposing to rename properties zoned CH within the Downtown Overlay District to the DM zoning district. This is not a rezoning of the property, but a renaming of the zoning district. The renaming of properties that are currently zoned CH to DM zoning in the Downtown Overlay District would not place additional restrictions on those properties. The restrictions of the Overlay District already limit the types of land uses and development that are allowed in the District regardless of how the property is zoned. Also, existing land uses on property currently zoned CH within the Downtown District would still be allowed to operate under the requirements of the CH zoning district, as long as that use was in operation before the Overlay District was approved. Under the requirements of the Non - Conformities chapter in the Owasso Zoning Code, those existing land uses may continue until the land use changes or significant development occurs on the property. It is important to note that no downzoning of any property is proposed by the new Zoning Map. The proposed new map simply addresses inconsistencies and renames CH -zoned properties in the Downtown District to the DM zoning district. The proposed new Zoning Map corrects all the zoning errors discussed above and presents an accurate representation of how properties in Owasso are zoned. If approved, it would become the singular Zoning Map to be referenced for Owasso, and it would be sent to INCOG as a replacement for the map currently used by that entity. Staff is now prepared to bring the proposed new Owasso Zoning Map to the Planning Commission and City Council for the required Public Hearings. PUBLIC INPUT AND HEARING: On Wednesday September 26, 2018, a public input meeting was held in the Community Room at City Hall to allow citizens to review the new map and ask questions. No citizens attended the public input meeting. Subsequent to this meeting, the proposed Zoning Map was posted on the City's web page. As with any Zoning Map change, a public hearing is required. Notice of the required public hearings was posted in the Owasso Reporter on October 3, 2018. The public hearings are scheduled to be on the agendas for the Planning Commission meeting on October 8, 2018 and the City Council meeting on October 16, 2018. Staff also anticipates bringing the proposed Planning Commission meeting on November 12 the City Council meeting on November 20, 2018 ATTACHMENT: Proposed Official Zoning Map of Owasso Owasso Zoning Map for consideration at the , 2018, and for consideration and final action at Ot People RE LC Co1Cr -REAL Community TO: Honorable Mayor and City Council FROM: H. Dwayne Henderson, P.E., CFM City Engineer SUBJECT: Sports Park Detention Pond and Mitigation Project USACE Permit to Construct DATE: November 9, 2018 BACKGROUND: The Owasso Sports Park Detention Pond Project has been under design and permit consideration since 2015. Meshek and Associates, Inc. is finalizing the hydraulic modeling and design to construct a detention pond on the southwest side of the Owasso South Sports Park as part of the recommendations in the 2005 Stormwater Master Drainage Plan. Preliminary design plans were submitted to the U.S. Army Corps of Engineers (USACE) in July 2015 for review and consideration for a Nationwide Permit to construct the pond on a USACE regulated stream. During review for a Nationwide Permit, the USACE determined that a more stringent individual permit is required since more than 300 feet of USACE regulated stream length would be affected. While on a site visit in 2016, USACE staff determined that the detention pond area had several small wetland features, identified by the wetland plants that are present; and USACE felt that a second stream, which had been re- routed with USACE permission in 2007, was still jurisdictional. The jurisdictional stream connected the two ponds south of the west parking lot previously constructed for the sports park. With these discoveries, environmental reports were prepared and a plan developed for mitigating these environmental issues. Staff and our consultants are preparing mitigation plans to restore stream, pond and wetland areas that will be disturbed or destroyed with the detention pond project. U.S. ARMY CORPS OF ENGINEERS PERMIT: The City of Owasso received the permit from the USACE in September, 2018. Conditions of the permit include the following: 1) The detention pond and mitigation work must be completed by September 30, 2023, unless a time extension is requested and granted. 2) The City of Owasso must maintain the mitigation project in good condition and in conformance with the permit, even if the project (detention pond) is abandoned. If property is sold, maintenance duties are transferred as well to the third party. If project is abandoned or there is a modification of the original permit, permit office may require restoration of the area to its original state prior to permitting. 3) Any historic or archeological artifacts found during construction will warrant notification of Federal and state officials to determine if a recovery effort is warranted or if the site is eligible for National Register of Historical Place listing. 4) Transfer of ownership of the permitted property will require the signature of the new owner to transfer the permit to their name. 5) Representatives of the USACE shall be allowed to inspect the site during construction and through the monitoring period. 6) Construction Schedule: Once a construction schedule has been developed a "Permittee Construction Schedule" must be submitted 30 days prior to start of construction 7) Compliance Certification: Compliance Certification forms must be submitted at project completion. 8) ESA Compliance: Permittee must conduct a presence /absence of the American Burying Beetle (ABB) within the permit area and mitigation site prior to any site disturbances. 9) Compensatory Mitigation Requirements: The mitigation plan titled. Waters of the United States Compensatory Mitigation Plan (March 2018) and supplemented with the July 6, 2018, e -mail (See attached comprehensive permit in the attachments) 10) Final Engineering Plans: Final engineering plans, detailing the mitigation plan improvements, shall be submitted by December 13, 2018. 11) Financial Assurances: Permittee shall provide proof of the proposed line items necessary to fund the implementation and monitoring of the mitigation plan. This document should include a detailed table with a breakdown of costs for this funding and supplied with a letter within 30 days of starting construction. 12) The permit allows the detention pond project to be constructed, either after or concurrent with the mitigation project construction, not prior. MITIGATION REQUIRED: Mitigation is proposed to occur at the southeast corner of the South Sports Park Project. The mitigation project will construct 4.70 acres of new wetlands, a 2.50 acre pond and restore 1,376 LF of creek channel along the east side of the property (See Attached Exhibit). The project will remove several invasive trees, plant 480 tree saplings in the riparian zone along the restored creek channels, and plant 150 mature wetland area trees that thrive in and around a wetland habitat. FUNDING: Staff is estimating mitigation costs to run between $800,000 and $1 million. Mitigation costs were anticipated and funding is included in the project budget from the Capital Improvements Fund and the Stormwater Management Fund. PROPOSED ACTION: This item is being placed on the November 13, 2018, City Council work session agenda for discussion. ATTACHMENTS: Site Map of proposed Detention Pond with Affected Wetlands, Pond and Stream Site Map of Proposed Mitigation Work USACE Permit ! I� _,!i i. N A Regulatory Office Mr. Dwayne Henderson City of Owasso 301 West 2nd Street Owasso. OK 74055 Dear Mr. Henderson: DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, TULSA DISTRICT 1545 SOUTH 101ST EAST AVENUE TULSA, OKLAHOMA 74126 -0609 September 13, 2018 Enclosed are two copies of the Department of the Army Permit No. SWT- 2016 -637 for your proposal to construct a storm water detention facility. This permit contains mitigation requirements to compensate for impacts to waters of the United States. This letter contains an initial proffered permit for your proposed project. Please sign and return both copies as soon as possible. The permit will not be valid until signed by the District Engineer. The effective date will be the date the permit is signed by the District Engineer and a fully executed copy of the permit will then be sent to you. Copies of the "Permittee Construction Schedule" and the "Permittee Compliance Certification" forms referenced in Special Conditions 1 and 2 will accompany the validated permit and final authorization letter. If you object to this permit decision because of certain terms and conditions therein, you may request that the permit be modified accordingly under Corps regulations at 33 CFR 331. Enclosed is a copy of the combined Notification of Administrative Appeal Options and Process (NAP) and Request for Appeal (RFA) form that explains your rights and options for this initial proffered permit. If you object to this permit decision you must submit a completed RFA form to the Tulsa District Office at: Mr. Andrew R. Commer Chief, Regulatory Office Tulsa District Corps of Engineers 1645 South 101st East Avenue Tulsa, OK 74128 Should you decide to submit a RFA form, it must be received at the above address by November 12, 2018. It is not necessary to submit a RFA form to the District Office if you do not object to the permit decision provided in this letter. W11 This project has been assigned the Identification No. SWT- 2016 -637. Please refer to this number during future correspondence. If you have any questions, contact Mr. Bryan Noblitt at 918- 669 -4904. Sincerely, Andrew R. Commer Chief, Regulatory Office Enclosures DEPARTMENT OF THE ARMY PERMIT Permittee: Mr. Dwayne Henderson, City of Owasso Permit No.: SWT- 2016 -637 Issuing Office: U.S. Army Corps of Engineers, Tulsa District, Regulatory Office NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The applicant is authorized to place soil excavated from on -site within 1.86 acres of the combined wetlands, 578 linear feet of ephemeral stream, 476 linear feet of intermittent stream, and 2.24 acres of two ponds, for the construction and grading of a stormwater detention facility on City of Owasso property. The total earthen fill would equate to 8,210 cubic yards below their associated OHWM. The project must be performed in accordance with the site design and drawings (Enclosures 1 -7). Project Location: The project is located in the Southwest 1/4 of Section 7, Township 21 North, Range 14 East, in Owasso, Tulsa County, Oklahoma. (Latitude 36.307585 North, Longitude 95.85943 West) Permit Conditions General Conditions 1. The time limit for completing the work authorized ends on September 30, 2023. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (APPENDIX A)) 1. Construction Schedule: Please complete and return the enclosed self - addressed " Permittee Construction Schedule" form. Should construction be initiated prior to 30 days from receipt of this letter, return the completed form as soon as possible. 2. Compliance Certification: Following completion of your permitted activity, you must complete and return the enclosed self - addressed "Compliance Certification" form. 3. ESA Compliance: The permittee shall conduct a presence /absence survey for the American burying beetle within the permit area and mitigation site prior to conducting any site disturbances. If the results are positive, you must contact this office prior to moving forward with the site work. 4. Compensatory Mitigation Requirements: The mitigation plan titled, "Waters of the United States Compensatory Mitigation Plan, dated March 2018," shall be implemented in addition to the final modifications provided via email dated July 6, 2018. a. Final Engineered Plans: The permittee shall provide final engineered plans associated with the mitigation plan prior to conducting the impacts associated with this permit. Please provide these plans to this office within 90 days. b. Financial Assurances: The permittee shall provide proof of the proposed budget line items necessary to fund the implementation and monitoring of the mitigation plan. This document should include a detailed table with a breakdown of costs for this funding. 5. Mitigation Success: The permittee is responsible for completing the required compensatory mitigation as set forth in Special Condition No. 4. The mitigation will not be considered fulfilled until you have demonstrated compensatory mitigation project success and have received a written verification of that success from this office. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization: a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted projector uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted projector uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT COMMANDER) (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 56c? REAL People • REAL Character • REAL Community Monthly 3% Sales Tax Comparisons $2,500,000 V -� spp $2,000,000 -- �"'� rr�— � $1,500,000 _- $1,000,000 -- -- - -- - — -.. $500,000 - - -- - -- - - Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun —t —FY 2019 --- o- - -3 %Budget tLast 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 Actual - -<r -- Budget —A— Last Year City of Owasso Monthly 3% Sales Tax Revenues Last Five Fiscal Years 2018 -2019 2017 -2018 2016 -2017 2015 -2016 2014 -2015 Jul $ 2,218,458 $ 2,117,865 $ 2,108,777 $ 2,073,553 $ 1,865,194 Aug 2,160,389 2,100,696 2,014,531 1,973,796 1,820,788 Sep 2,079,069 1,988,923 1,963,590 1,978,203 1,832,861 Oct 2,146,473 1,977,596 1,965,220 2,011,595 1,896,451 Nov 2,039,508 2,045,597 1,968,688 1,851,194 1,808,171 Dec - 2,029,790 1,922,362 2,166,025 1,862,936 Jan 2,322,114 2,277,666 2,228,743 2,125,525 Feb 2,287,864 2,141,203 2,246,904 2,004,466 Mar 1,854,816 1,806,429 1,762,488 1,780,454 Apr 1,940,624 1,898,005 2,044,284 1,781,713 May 2,170,541 2,090,858 2,041,458 1,950,586 Jun - 2,009,593 2,010,575 1,936,362 1,998,314 $ 10,643,896 $ 24,846,020 $ 24,167,905 $ 24,314,606 $ 22,727,460 Note: Estimated current month collections. Actual breakdown by fund not yet available. City of Owasso 3% Sales Tax Report Two Year Comparison November 8, 2018 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2018 -19* 2017 -18 Increase or (Decrease) Percent Percent Amount of Budget Amount of Actual Amount Percent $ 2,218,458 8.8% $ 2,117,865 8.5% $ 100,593 4.7% 2,160,389 8.6% $ 2,100,696 8.5% 59,693 2.8% 2,079,069 8.2% $ 1,988,923 8.0% 90,146 4.5% 2,146,473 8.6% $ 1,977,596 8.0% 168,877 8.5% 2,039,508 8.1% $ 2,045,597 8.2% (6,089) -0.3% Totals $ 10,643,896 42.2% $10,230,678 41.2% $ 413,219 4.0% *Estimated current month collections. Actual breakdown by fund not yet available. Note: Fiscal Year 2019 Sales Tax Budget is $25.241 million; FY'18 actual was $24.846 million. City of Owasso 3% Sales Tax Report Budget to Actual Comparison November 8, 2018 2018 -19 2018 -19 Note: Estimated current month collections. Actual breakdown by fund not yet available. Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 2,218,458 8.8% $ 2,168,641 8.6% $ 49,817 2.3% Aug 2,160,389 8.6% 2,095,951 8.3% 64,437 3.1% Sep 2,079,069 8.2% 2,041,459 8.1% 37,610 1.8% Oct 2,146,473 8.5% 2,069,055 8.2% 77,419 3.7% Nov 2,039,508 8.1% 1,999,545 7.9% 39,963 2.0% Dec Jan Feb Mar Apr May Jun Totals $ 10,643,896 422% $ 10,374,651 41.1% $ 269,245 2.6% Note: Estimated current month collections. Actual breakdown by fund not yet available. City of Owasso Half -Penny Sales Tax Report Budget to Actual Comparison November 8, 2018 2018 -19 2018.19 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 370,162 8.8% 361,440 8.6% $ 8,722 2.4% Aug 360,514 8.6% 349,325 8.3% 11,189 3.2% Sep 346,727 8.2% 340,243 8.1% 6,484 1.9% Oct 357,855 8.5% 344,842 8.2% 13,013 3.8% Nov 339,918 8.1% 333,258 7.9% 6,660 2.0% Dec Jan Feb Mar Apr May Jun Totals $ 1,775,176 42.2% $ 1,729,109 41.1% $ 46,068 2.7% Note: Estimated current month collections. Actual breakdown by fund not yet available. City of Owasso Vision Sales Tax Report Budget to Actual Comparison November 8, 2018 Note: Estimated current month collections. Actual breakdown by fund not yet available 2018 -19 2018.19 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 406,928 8.8% $ 397,584 8.6% $ 9,344 2.4% Aug 396,171 8.6% 384,258 8.3% 11,914 3.1% Sep 381,094 8.2% 374,268 8.1% 6,827 1.8% Oct 393,396 8.5% 379,327 8.2% 14,069 3.7% Nov 373,910 8.1% 366,583 7.9% 7,326 2.0% Dec Jan Feb Mar Apr May Jun Totals $ 1,951,499 42.2% $ 1,902,019 41.1% $ 49,480_ 2.6% Note: Estimated current month collections. Actual breakdown by fund not yet available City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2018 -2019 2017 -2018 2016 -2017 2015 -2016 2014 -2015 Jul $ 107,929 $ 131,532 $ 82,565 $ 72,360 $ 50,298 Aug 134,957 115,912 86,552 96,428 56,646 Sep 237,044 126,135 87,371 122,962 61,204 Oct 177,983 146,402 86,713 106,846 86,146 Nov 151,865 139,772 80,855 91,876 89,434 Dec 128,876 84,107 113,941 89,482 Jan 205,110 127,549 86,358 65,206 Feb 166,541 106,593 102,681 110,645 Mar* 134,603 99,853 61,748 87,044 Apr 112,614 101,930 78,834 56,776 May ** 119,189 123,116 92,867 75,895 Jun * ** 137,552 114,846 96,434 98,093 $ 809,779 $1,664,238 $1,182,051 $ 1,123,335 $ 926,869 *Increase in sales tax rate from 3.5% to 4.05% March 2017 * *Increase in sales tax revenue from taxation of internet sales beginning May 2017 ** *Increase in sales tax rate from M to 3.5% June 2015 Note: Fiscal Year 2019 Use Tax Budget is $1.689 million.