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HomeMy WebLinkAbout2012.09.10_Planning Commission AgendaRecord Copy OWASSO PLANNING COMMISSION September 10, 2012 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: September 10, 2012 TIME: 6:00 PM PLACE: Old Central 109 North Birch NOTICE FILED BY: Marsha Hensley TITLE: Assistant City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 9:00 AM on September 6, 2012. Marsha Hensley, Assistant City Plan r OWASSO PLANNING COMMISSION Monday, September 10, 2012 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from, the August 13, 2012 Regular Meeting 4. Final Plat - 9inetvEight - Consideration and appropriate action related to the request for the review and acceptance of a final plat consisting of one (1) lot, one (1) block on 14.645 acres located south of Owasso Medical Campus and north of Owasso Market. 5. Discussion regarding Chapter 8 of the Zoning Code - Planned United Developments 6. Report on Items from the August 22, 2012 TAC Meeting • Final Plat - 9inety -Eight 7. Report on Items Previously Forward to City Council • Annexation #OA 12 -01, Powderhorn 8. Community Development Report • Report on Monthly Building Permit Activity • Report from Economic Development Director 9. Discussion on Planning Commission Member Training Workshop, October 5, 2012, 11:OOAM - 2:OOPM. 10. Adjournment OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, August 13, 2012 The Owasso Planning Commission met in regular session on Monday, August 13, 2012 at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on August 8, 2012. ITEM 1. CALL TO ORDER Dr. Callery called the meeting to order at 6:00 p.m. ITEM 2. ROLL CALL PRESENT ABSENT Dr. Paul Loving Dr. Mark Callery David Vines Tammy Laakso Alex Mills (in @ 6:08 PM) A quorum was declared present. STAFF Karl Fritschen Marsha Hensley Bronce Stephenson Daniel Dearing Julie Lombardi Dan Salts ITEM 3. Approval of Minutes from July 2, 2012 Special Meeting. The Commission reviewed the minutes. David Vines moved, seconded by Tammy Laakso, to approve the minutes. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso NAY: None Motion carried 4 -0. ITEM 4. Annexation #OA 12 -01 - Consideration and appropriate action related to a request for the annexation of approximately 49.94 acres, located on the west side of North Mingo Road approximately one - quarter mile north of East 1061h Street North. Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the annexation. The following are concerns expressed by several Owasso OWASSO PLANNING COMMISSION August 13, 2012 Page No. 2 citizens that were present: Joe Folleur -11019 North 92 East Avenue - Stormwater run off concerns. The city needs to spent money to prevent flooding in this area prior to annexation. The homeowners of Metro Heights have been promised detention and they didn't get what was promised to them. Robert Higgins -11235 North 94 East Avenue - Lives at the dead end street; adding this as a through street is a problem. There is constant flooding in his back yard. Maybe increase the lot sizes to prevent flooding. Sue Piggott- 8500 East 116 Street North - Wondering if the city would be in favor of lining the ditches with concrete. Handed out a report showing the history of water runoff in the area (attached). Jan Thomas - 7623 East 116 Street North - The Commissioners doesn't seem to be listening to the citizens. Nobody is speaking back to us. It doesn't take much to flood the entrance into Metro Heights. We are very frustrated. The Commissioners need to have their eyes wide open. Sandy Brown -11236 North 94 East Avenue - Spoke to the people at FEMA and they said it will be very expensive to build on this property. Do not annex. Presented a letter of opposition to the Commissioners (attached). Julie Lombardi explained to the citizens that the Commissioners have to consider if the property can be provided Owasso municipal services, such as police, fire, refuse. collection and sanitary sewer. Alex Mills stated that he feels more comfortable with it being annexed into the city and developed under city supervision instead of Tulsa County. Alex Mills moved to approve the annexation, Dr. Loving seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0. ITEM 5. Final Plat -96th Street North Center — Consideration and appropriate action related to the request for the review and acceptance of a final plat consisting of two (2) lots, one (1) block on 2.200 acres located approximately 332' east of the northeast corner of East 96th Street North and North Garnett Road. Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the final plat for 96th Street North Center. Ricky Jones with Tanner Consulting answered questions regarding the storm water detention. OWASSO PLANNING COMMISSION August 13, 2012 Page No. 3 Tammy Laakso moved to approve the above final plat, David Vines seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0. ITEM 6. Lot Split #OLS 12 -01 - Consideration and appropriate action related to the request for the review and acceptance of a lot split located on a tract of land described as Lot 1, Block 23, Original Town of Owasso. Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the lot split. Matt Christensen with U.S. Cellular was present to answer questions. Alex Mills moved to approve the lot split, David Vines seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None ITEM 7. Public Hearing - Minimum Side Yard Setbacks for Swimming Pools - Consideration and appropriate action related to a request to review and recommendation to the City Council of a draft for a proposed zoning code text amendment regarding Chapter 2, Section 240.2 (F). Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the proposed zoning code text amendment. THE PUBLIC HEARING WAS OPENED AT 7:15 PM. There were no comments from citizens. Alex Mills moved to close the public hearing, Dr. Loving seconded the motion. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Mills, Laakso NAY: None Motion carried 5 -0. THE PUBLIC HEARING WAS CLOSED AT 7:16 PM. Tammy Laakso had concerns regarding the amount of time it will take for staff to check every pool site. She also has concerns with a pool being placed too close to a fence OWASSO PLANNING COMMISSION August 13, 2012 Page No. 4 and the danger of children jumping from the fence into the pool. David Vines moved to approve the above zoning code text amendment subject to the following changes: • Second line should read "a minimum setback of five (5) feet ". • Strike the words "or equipment" in the sixth line down. • The last line should read "five (5)" feet from any side lot line is met ". Dr. Loving seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Mills NAY: Laakso Motion carried 4 -1. ITEM 8. Report on Items from July 25, 2012 TAC Meeting ITEM 9. Report on Items Previously Forwarded to City Council ITEM 10. Community Development Report ITEM 11. Discussion on Planning Commission Member Training Workshop, October 5, 2012, 11:00AM - 2:OOPM. ITEM 12. ADJOURNMENT - David Vines moved, seconded by Tammy Laakso, to adjourn the meeting. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5-0 and the meeting was adjourned at 8:15 PM. Chairperson Vice Chairperson Date August 13, 2012 Reference: Annexation of the Powderhorn Ranch Rodney Ray Mayor Bonebrake Jeri Moberly Chris Kelley Charlie Brown Patrick Ross H. Dwayne Henderson P.E. The Owasso City Planner was given several copies of our notebook and cd's to help you understand the existing flooding problems in this area. The drainage problem has worsened since 1977 with the building of Walmart, storage area and residential areas at German Corner. As each housing development was built, the water flows have grown worse. The files attached are those submitted in 2002 because of the annexation and rezoning of two sub- divisions, both would drain into Ranch Creek and cause great harm to the residents along N. 92nd East Ave. and 106th St. North. A 160 acre piece of land rezoned for development is on the corner of 106th and Memorial, the other is Metro Heights at 1081h & Mingo Road. The conditions still apply and these reports give a full history of our efforts to get the City of Owasso to realize that a regional detention has to be constructed close to the corner of 116th St. North at Mingo Rd. before further development can be allowed. We feel there Is full disregard for the residents down stream of this problem, and a good question for you to answer would be .... would the City let this happen if the downstream residents were in the city limits instead of residents of Tulsa County. Please examine these reports carefully, they only ask for "No Adverse Impact" to other land ownersl ue Piggott 8500 E. 116th St. North Owasso, Oklahoma 74055 September 29, 2002 The Annexation Committee City of Owasso Owasso, Oklahoma Dear Members of the Annexation Committee: We would like to request the City of Owasso evaluate the importance of the 4 to Fix the County Bond issue, which is a tax all of us in Tulsa County are paying. The multiple purposes of this tax are suited for different areas, the one we are' most interested is flood mitigation, current floodplain maps and the potential of this information to the areas that already have flooding problems. Now, this information your city has not been able to study, is affordable to all communities within Tulsa County by purchasing GIS computer software. I have enclosed information to assist in your understanding of this request. (Special Management Conference, Aug. 14, 2002) Part of the reason for the 4 to Fix the County Tax was to stop flooding by having up-to -date information since the current flood maps nationwide were made in the late 1970's. A national program "No Adverse Impact" underwritten by FEMA, will make local governments and the community responsible for future land uses that cause no harm, a principal which seems logical for Owasso to readily adopt. To assist you in understanding the scope of this action, enclosed is a presentation given by Representative Thad Balkman at a conference of the Oklahoma Floodplain Managers Association this past spring. The citizens who live close to the upper Ranch Creek tributaries above and below E. 106d` St. N, between Mingo and Memorial, have talked to Tulsa County since last year about our flooding problems. We have been assured that our information is accurate and our location will be shown on the new flood maps. In addition to Tulsa County, the Corp of Engineers and the Oklahoma Water Resources Board have been provided with pictures of the water problems in this area. All agencies seem to agree that correcting our problems above 106d' St. N. would be easy to solve, but it will take years to get the creek below 106'b Street cleared of trees to allow the faster flow of water from our area. It seems that no county, city or state has enough funds to solve all their flooding problems, hence the need for current flood maps, stormwater flows and a basin study to mitigate problem areas and in tun, not create more flooding with future developments when land use plans do not consider future water flows. The reason we want the City of Owasso to embrace and work within the principals of No Adverse Impact, is simply the knowledge we have gained over the past year. Detention ponds, stormwater drainage systems, aerobic sewer systems, soil content, topography maps, designs for housing developments, construction of a pond uphill from a detention pond to slow the flow of water, all are dependent on current design criteria and sub- division development standards set by the local government. Last summer then Mr. Sokolsky applied for a residential zoning change in Tulsa County, we wanted to know how the water runoff would be controlled. Today, we still want to know how the water runoff will be controlled? After seeing the flooding problems at Metro I, the total disregard for personal property at Metro II as well as Honey Creek at Bailey Ranch, can you really blame us for wanting to know this answer? Of course, we realize it will depend on a plat submitted by the developer, however, your local standards and the variances allowed control the outcome. Currently the 160 acres (Tract A) above 106's St. N. drains onto 3 or 4 different properties to the east (N. 92nd E. Ave) and south. The present storm water runoff into this same area flows from land elevations of 720 feet to the northwest above I I St. North and N. Memorial. The homes and property of those who live closest to the Ranch Creek tributaries on 10e St. North receive water runoff from both directions, converging at the lowest elevation (636 ft) in this square mile. And, there is no comprehensive stormwater drainage plan for this area, not even a basin study nor study of water flows. If houses are built in the floodplain just below 106d` St. N. and the land elevation is raised, how would this impact . drainage above 106" St. North? Consequently, future developments to the northeast of 1060' St. N., as projected on your Land Use Map, will increase the water flows and can raise the 100 -year floodplain. By this time, the developer has sold the lots and gone, the builder has sold his homes leaving more homeowners to become threatened with possible flooding. Future water flows must be studied to gain this knowledge. Hopefully, the City of Owasso as a whole will back No Adverse Impact and the public will not be shrugged off like the Planning Commission did in August 2002, by refusing to look at our flooding pictures —even when laid on the desk right in front of them. All committees and the City council should be made aware of existing flooding problems that have been identified by citizens anytime a new area is to be annexed. The Planning Commission can still vote to annex, and add the provision it is developed in accordance with a Planned Unit Development. Our residents showed proof of flooding problems in August and September 2001, before the development of Metro 11. Three of the five current council members saw our photographs in addition to 4 of the current 5 planning commission members. A notebook of those photographs was delivered and signed for by the city planner, Donna Sorells plus a letter with photos was given to Mr. Phil Lutz. In our opinion, there is no reason this problem was not addressed by the Planning Commission at their annexation hearings in August and September 2002. At a meeting on July 2, 2002 with Mr. Ray, Mayor Brogdon, Mr. Helm and Mr. Lutz, we were told a regional detention facility had been discussed with Tulsa County 10 years ago, for the mine pits area east of N. Mingo Road because of the water problems. Yet, Country Estates was allowed to be developed as well as Metro I & II. What did the developer's project engineer show on his hydrology study_? What did Owasso's flood plain manager and engineering staff show for the downstream effects from these developments? Currently all the water northeast of Mingo & 116" St. N. as well as the new Metro I addition flow into ditches along Mingo Road and into a tributary across the private property at 11208 N. 97" E. Ave (Powderhom Ranch). This 50+ \- acreage recently sold to a developer, what studies or criteria does Owasso currently have in place to control how this land is going to be developed that will cause no harm downstream, upstream or surrounding landowners? Stormwater from 116" St. North flows behind Hillside Estates into this acreage as well as the drainage from the east side of N. 92nd E. Ave. Stormwater from 116" St. N. and Memorial flow on the west, side of N. 92nd E. Ave. This neighborhood isn't trying to stop new development, we want responsible development from the City of Owasso, Tulsa County and the developers. We are not in favor of high density housing on Tract A that Mr. Sokolsky sought at the Tulsa Metropolitan Zoning Commission. We just want assurances that our homes and property are important and that proper handling of all water issues will be openly addressed with the surrounding landowners. Also, that the City of Owasso will hold its design criteria, sub- division regulations and floodplain management at the highest standards with all development, starting with the Annexation Committee, Planning Commission, City Council and all City government personnel. The 2010 Owasso Land Use Master Plan also acknowledges the need for sufficient infrastructure when addressing Issue S: Lack of a drainage and stormwater plan. "Stave to implement a comprehensive drainage and stormwater plan for the fenceline geography of Owasso. Inventory and map all watersheds, identify regional detention areas that can also serve the dual use of'park areas, especially in targeted areas of growth. Map and document all current problem areas. Revise current Engineering Design Criteria stormwater design standards. Adopt Federal Clean Water Act standards/best management practices as part of the subdivision regulations." Representative Balkman also discusses all the above items in his speech, as a necessity before allowing any development in a floodplain area. Issue 8 covers repairs and maintenance procedures of street signs in subdivisions using the GIS computer system. As explained by Jim Leach of the Corp of Engineers, this system can now be used for floodplain analysis to arrive at future water flows in a given area and the base information is supplied by the 4 to Fix bond issue which is being paid by all Tulsa County residents. By having a comprehensive stormwater plan, all future developments can be guided to the proper placement of structural stormwater controls, whether above or below ground level. As developers build according to the stormwater design criteria, all homes and properties upstream and downstream will not be in danger of flooding nor inundated with water. The added cost to a developer for stormwater control will result in lower per acre price being paid for development. Please review the attached information and the CD tape of current flooding problems in the office of the Owasso City Planner. We will continue to take photographs of our area anytime it rains and update the CD when possible. Tulsa County has requested this information for mapping purposes on our watershed area. Thank You. Sue Piggott and the Citizens for Responsible Rural Development 8500 E 116" St. N. Owasso, Ok. 74055 371 -0143 or E -Mail Lhepiggotts@atlasok.com Distribution of this letter: PLANNING COMMISSION Ray Haynes, Chairman Charles Willey Dewey Brown Bill Williams Dale Prevett TECHNICAL ADVISORY COMMISSION Dale Johnson, Superintendant of Schools Ray Jordan, Tulsa County Engineer Phil Lutz, Flood Plain Manager Kris DeMauro, Fire Marshall Robert Moore, City Planner Jim Greene, Police Chief Rodney Ray, City Manager ANNEXATION COMMITTEE Charles Warren Robert Moore (also TAC) Eric Wiles, Economic Development Gary Cochran (City Council) Bob Allen, Fire Chief Jim Greene (also TAC) Robert Carr, Public Works Director Rebecca Armstrong (City Council) Tim Rooney, Assistant City Manager Rodney Ray, (also TAC) Mike Ames Ray Haynes (also Planning Comm) Charles Willey (also Planning Comm) CITY CLERK, Marsha Boutwell Representative Thad Balkntan's talk at OFMA Spring Conference, 2002 Intro: Politician and a Lawyer When I think of floods ... Growing up in So. Cal - lack of rain, flood control, LA River a classic example of past floodplain management policies. A song I used to sing as a kid at Church ... 'The Wise Man and the Foolish Man" The wise man built his house upon the rock, The wise man built his house upon the rock, The wise man built his house upon the rock, And .the rains came tumbling down. The rains came down and the floods came up, The rains came down and the floods came up, The rains came down and the floods came up, And the house on the rock stood still. The foolish man built his house upon the sand, The foolish man built his house upon the sand, The foolish man built his house upon the sand, And the rains came tumbling down. The rains came down and the floods came up, The rains came down and the floods came up, The rains came down and the floods came up, And the house on the sand washed away. I believe that this song's simple message says it all. In addition to the symbolic meaning pertaining to Jesus, the Rock, this song has an application useful to us here today. Wise man builds his house on the rock (out of the floodplain) Foolish man builds his house upon the sand (in the floodplain) When the rains come, and we know they will, whatever is in the sand gets washed away! So what can we do about it? Let's stop being foolish and get out of the sand. First, allow me to define the problem. Flood damages in the United States continue to escalate. From the early 1900's to the year 2000, flood damages in the United States have increased six fold, approaching $8 billion annually. This occurred despite 75 years of federal flood control, 30 years of the National Flood Insurance Program, and billions of dollars for structural flood control, and other structural and non - structural measures. We continue to intensify development within floodplains, and do it in a manner where flood prone or marginally protected structures are suddenly prone to damages because of the actions of others in the floodplain. Your tax dollars pay for the recovery from this damage. Though floods are the single most predictable natural hazard, the cost of flood damages per capita has doubled over the past century. The general trend is for flood losses to increase every decade. Most current management approaches for reducing flood losses allow for construction to occur without considering the adverse impacts on other properties within the watershed or on future flooding potential. This has contributed to steadily rising flood losses and is increasing the potential for future flood damage. Page -1- This trend is unnecessary. It is primarily due to federal policies that have encouraged at -risk development, justified flood control projects that intensify land use within the floodplain, and encouraged state and local governments to rely on federal resources for both flood control and disaster recovery. While current flood control and NFIP practices have made progress in reducing flood damages, the damages continue to rise. Recent focus on mitigation and enhanced funding for mitigation is helping to alleviate some of the more obvious problems with existing structures being flooded, but the nation has vet to come to grips with how to stop creating future flood problems caused by new development. The nation's extensive current efforts at flood control and modem floodplain regulation were intended to control flood losses, but flood losses continue to rise. Like the LA River that I grew up next to. Current floodplain management standards allow for floodwater to be diverted onto others; channel and overbank conveyance areas to be reduced; essential valley storage to be filled; or velocities changed with little or no regard as to how these changes impact others in the floodplain and watershed. The net result is that through our actions we are intensifying damage potentials in the our floodplains. This current course is one that is not equitable to those whose property is impacted, and is a course that may not be economically sustainable. Over the past 50 years a system has been established that In many locations has substituted local and individual accountability with the programs of flood control and disaster assistance of the federal government. While funding for the Corps of Engineers, NRCS and other agencies of the federal government will fluctuate, the pattern of the federal government responding to disasters has become firmly entrenched and will not likely change in the foreseeable future. However, what has changed is how disaster relief impacts other domestic programs. Ten years ago, when Congress was faced with a large disaster, they would fund the disaster with deficit spending. Today, each time Congress passes a bill to provide disaster supplemental funding for disasters, offsetting cuts in domestic programs must be made. Despite investment theories regarding benefits and costs, our problem has become one of cash flow. Each needless incremental increase in flood damage represents a lost opportunity for support of essential domestic programs of the United States_ Considering the recent attack on the United States and the pending programs of relief, domestic security and military buildup, the cash flow problem is only going to get worse. At its broadest policy level, no adverse impact floodplain management is about local government taking steps to reduce the drain on national resources, as well as local and state resources. These resources can then be applied, to domestic programs enhancing the economy, environment, education and defense. In essence, current policy is only sustainable at the expense of other important programs. More directly for local governments, no adverse impact floodplain management represents a way to prevent worse flooding in your community- -right now! While some state and local governments may have abdicated their responsibility, most local governments have simply assumed that the federal standards are an acceptable standard of care, perhaps not realizing these very standards could induce additional flooding and damage within their community. Page -2- Instead, no adverse impact offers communities an opportunity to promote responsible floodplain development through community -based decision making. Communities will be able to determine better use of federal and state programs to enhance their proactive initiatives and utilize those programs to their advantage as a community. The no adverse floodplain management initiative empowers the local community (and its citizens) to build stakeholders at the local level. No adverse impact floodplain management is a step towards individual accountability by not increasing flood damages to other properties. No adverse impact floodplain management is about local communities being proactive in understanding potential impacts and implementing programs of mitigation before the impacts occur. One of the "Ten Commandments of Modem Politics" is: "All Politics is Local" Tip O'Neil, former Democratic Speaker of the House from Mass_, was famous for saying, "All politics is local ". This quote describes the notion that campaigns are decided at the lowest, grassroots level - in your communities and neighborhoods. Last fall, the OFMA passed a Resolution in support of No Adverse Impact (show resolution) No Adverse Impact Floodplain Management Defined "No Adverse Impact Floodplain Management" is a managing principle that is easy to communicate and from a policy perspective tough to challenge. In essence, no adverse impact floodplain management is where the action of one property owner does not adversely Impact the rights of other property owners, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No impact ftoodplains would become the default management criteria, unless a community has developed and adopted a comprehensive river plan that identifies acceptable levels of impact, appropriate measures to mitigate those adverse impacts and a plan for implementation. No Adverse Impact could be extended to entire watersheds as a means to promote the use of retention and detention technologies to mitigate increased runoff from urban areas. While the No Adverse Impact approach will result in reduced damages for the t% chance flood event, its true strength is that it virtually ensures that future development actions which impact the floodplain must be part of a locally adopted plan. This removes the mentality that floodplain management standards are something imposed by FEMA, and promotes local accountability for developing and implementing a comprehensive strategy and plan for the floodplain. Giving locals the flexibility to adopt comprehensive local management plans, which would be recognized by FEMA and other federal programs as the acceptable standard in that community, will provide those communities with control and support for innovative approaches. Again, remember Tip O'Neil's quote ... All Politics is local. Effective Floodplain management is local- 1 believe that effective floodplain management is much like politics, the most successful management is done at the local level. No Adverse Impact is an approach that makes sense and is the right thing to do. Too often our discussions on development approaches turn into arguments over the range of application and the impact these approaches might have on those who are choosing to encroach into the floodplain. It is time to change and begin managing from the perspective of not inducing additional flood impacts on other properties, giving local communities the ability to manage flood losses through comprehensive local plans. No Adverse Impact: A Do No Harm Policy Page -3- The No Adverse Impact approach strives to ensure that the actions of one property owner do not increase the flood risk of other property owners. This approach will especially benefit those property owners that are not currently in regulated flood areas, but who would be in the future. In law school, law students learn that a basic principle of real property rights law is do no harm to your neighbor. The No Adverse impact implements this legal principle. This new approach would require those who alter flooding conditions to mitigate the impact of their actions on property owners and adjacent communities. The No Adverse Impact approach focuses on planning for and lessening flood impacts resulting from land use changes. It is essentially a "do no harm policy that will significantly decrease the creation of new flood damages. A citizen would never allow a neighbor to use her yard as a dumping ground for garbage_ No Adverse Impact suggests that we hold our neighbors to the same standard when flooding is concerned. In essence, No Adverse Impact means that your neighbor should build in such a way that does not increase the risk of flooding to your property or others. Examples of this "wise use" or the "most beneficial use" would be using the floodplain as dedicated open space for flood storage and low impact uses such as recreation. The No Adverse Impact approach promotes fairness, responsibility, community involvement, pre -flood planning, sustainable development, and local land use management. It gives local governments the responsibility to manage floodplain risks. Individual communities will determine the specific details appropriate for land use in that community. It also supports private property rights because property owners will have input on management strategies that impact their property. NAI protects the property rights of those that would be adversely impacted by the actions of others. This approach must become the default management criterion throughout Oklahoma and the United States. When local comprehensive watershed management plans incorporate the NAI approach, impacts will be allowed only to the extent that they are offset by mitigation. When no local plan exists, all federal and state actions in the floodplain would strive to achieve no adverse changes in hydrology, stream depths, velocities, and sediment transport functions. Having these local comprehensive watershed management plans on file with state agencies would qualify individual community for certain types of funding to implement mitigation techniques. Many communities are taking action nowt There are many examples of communities around the country that are striving for a No Adverse Impact approach. These communities have recognized that development activity anywhere in the watershed can adversely impact properties elsewhere in the watershed, not just in the floodplain. For example, DuPage County, Illinois chose to strengthen comprehensive regulations in their approach to managing flood problems. The Comprehensive Stormwater Management Objectives for DuPage County, Illinois include: Reduce the existing potential for stormwater damage to public health, safety, life and property. Control future increases in stormwater damage within DuPage County and in areas of adjacent counties affected by DuPage drainage. Protect and enhance the quality, quantity, and availability of surface and groundwater resources. Preserve and enhance existing aquatic and riparian environments and encourage restoration of degraded areas. Page -4- Control sediment and erosion in and from drainageways, development, and construction sites. Promote equitable, acceptable, and legal measures for stormwater management No Adverse Impact promotes preserving, not controlling, the natural floodplain. Why keep a Natural Floodplain? Here are some reasons why: Flood water storage Enhanced stormwater management Reduced flood damages Improved water quality Recreational opportunities Preservation of wildlife and natural habitats Enhanced erosion control Increased property values Conclusion This central message— that we are inducing flood damages— has not been communicated effectively, in part due to the floodplain management community as a whole spending too much time debating issues of individual standards while not stepping back and evaluating the broad impact of these approaches_ Current management systems within the floodplain are costly and often allow development that fails to evaluate or mitigate adverse impacts on other properties, both now and in the future. No Adverse Impact is an approach that will lead to reduced flood losses throughout the nation while promoting and rewarding strong management and mitigation actions at the local level. Let me conclude this part of my speech with a quote, from Shakespeare's.°AII's Well that Ends Well" "Great floods have flown from simple sources" We know floods will come, we know the damage they cause, so I encourage you to take pro- active steps like No Adverse Impact. Doing so will make you like the wise man whose house stood still when the rains came. And now, for a brief Legislative Update House Bill 1969 - In 1999, Legislature passed HB1841 which created a state hazard mitigation fund and account not dependant on a presidential declaration that could provide monies for individual assistance projects as well as match money for FEMA's mitigation grant programs. The fund has a balance of zero WHAT DOES HB1969 DO? Establishes a mechanism to buy out and remove repetitively damaged structures from the floodplain, thereby interrupting the costly cycle of rebuilding and /or repair. Page -5- DEFINE PROBLEM Quick Statistics There are 644 flood insured structures that have received flood damage at least twice in the last ten (10) years. If these properties were removed, $332.00.00 in flood insurance dollars could be saved. Less than 2% of the properties in the floodplain are insured. One structure in Ottawa County valued at $20,000.00 has flooded 5 times. Owner has collected over $100,000.00 in flood insurance claims for this one structure_ Costs of not having this account funded affect everyone. Local and state government are burdened with costs for emergency response and recovery; the community suffers losses in lives, personal property and wages; employers sacrifice production and revenues due to employee absences; local tax bases decline. MONETARY SAVINGS Costs If it floods, local community still has the responsibility for providing evacuation services, emergency services, special care needs, temporary shelters, food services, animal care and other individual assistance services — these services all cost money. Benefits Because this legislation would result in fewer rescue events and other direct flood response activities, it would also serve to protect both prospective flood victims and emergency personnel who put their lives in jeopardy when responding to flood problems. If these properties were removed, $332,000.00 in flood insurance dollars could be saved. This can significantly reduce future losses of life, property and tax dollars. Encourages communities to develop comprehensive hazard mitigation plans by requiring such plans to establish eligibility for the grant program. Allows and assists local governments to purchase flood prone properties and forever remove them from harm's way. Keep property owners from building in the floodplain. Encourage purchase of flood insurance Reduce the costs of disaster response and recovery operations to localities Mitigation Encourage localities to develop and publish a comprehensive hazard mitigation plan The best example of mitigating a flood susceptible home is to move it, acquire it, move it to higher ground or demolish it and then keep the property open. Removal of this structure once and for all where no tax dollars or other funds are used to repair it so it can be damaged again. Break the cycle of flood damage, repair - flood damage, repair, etc. Acquisition and relocation of ftoodprone buildings is a very effective tool for reducing Page -6- flood losses. In just three years, the cost of relocating buildings out of the floodplain was saved in damages avoided House Bill 2228 - this bill, which has already passed the House, pertains primarily to annual training, but also changes the purpose of the Oklahoma Floodplain Management Act, to include physical and emotional impact of flooding on individuals and communities, increased costs of disaster relief and restoration of natural resources and functions of floodplains. The bill's primary function is to encourage counties and municipalities that choose to participate in the program to attend floodplain development management classes. OFMA Resolution in support of Mandatory Training for Floodplain Managers "Annual training is an absolute necessity if community officials are going to reduce property from. floods and loss of life and protect the natural & beneficial uses of the floodplain." SB 972 - This bill sets up a process to address impaired scenic river watersheds. The bill states that all "scenic river areas" shall be returned to their original pristine condition. The DEQ, Dept. of Agriculture, and the Oklahoma Conservation Commission are charged with producing an annual report identifying all agency actions taken to reduce pollutant levels in scenic river watershed and to outline future reductions in pollution. SB 1352 - This bill expands the authority of the Department of Environmental Quality to establish statewide land protection standards for the release of non - hazardous materials, products or wastes into the environment. HB 2349 - Prohibits new poultry operations from construction in a hundred -year floodplain or within buffer zones for surface public water supplies, scenic rivers, public drinking water wells, and outstanding resource waters. The bill also limits the location of poultry waste within buffer zones for scenic rivers, public wells and nutrient - limited water bodies. Page -7- TYPED LETTER FROM: ALBERTA HILLARD 9009 E. 106m St. North Owasso, Okla. 08 -21 -01 To whom it may concem I am writing this letter in reference to the flooding of my property at 9009 E. 106 St. No., Owasso. We built our house in Jan 1969 — at that time we had some water, as we are on Ranch Creek. They started building at German Comer in 1977, Super H Grocery & Walmart stores, of course all of it is paved with concrete, leaving no way for the water to seep in the ground, throwing more water on us, also water was washing out the road in front of our house so the comity put around culvert in one side of the Bridge to help the situation The water gets deeper each year, it hasn't got into our house yet, but if they keep bldg houses & don't build enough detention ponds to hold the water, we are in trouble. I'm not against progress, I would like to be considered on flooding my house. We are 80 & 83 yrs old. We need no more problems, I have presented pictures ofmy front yard taken in May, 1986 to prove how hi the water gets, therefore proving the runoff from the north is or causing the flooding. This properly wasn't in the Flood Zone when we purchased it therefore it is proven the runoff from the north has caused it to be put in the flood zone when you were joined with N.F.1_P, in 1982 —also again in Sept. 22, 1999. Sure appreciate if you would consider stopping this overflow. . Thanks, Alberta Hillard 9009 E. 100" St. No. Owasso, Ok TO: THE HONORABLE MAYOR AND COUNCH, CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIREfTOR SUBJECT: REPORT FROM MEETING wrm CITIZENS FOR RESPONSIBLE RURAL DEVELOPMENT DATE: October 8, 2002 On Tuesday, October a representatives from the City of Owasso met with representatives from the group of Citizens for Responsible Rural Development. The meeting centered on drainage conditions in the Ranch Creek basin generally from the intersection of Memorial and 1160' Street to the intersection ofMmgo and 106" Street. HISTORY: At the meeting, the citizen representatives displayed maps and photographs showing the drainage conditions of several low-lying homes in the area_ The citizens recounted how past developments near their properties in Tulsa County had increased the amount of drainage onto their land. In some instances, ponds had been filled in to make way for the new housing developments. In other instances, levees had been cut to increase the flow of water offthe new developments. 4 TO FIX THE COUNTY One issue discussed at the meeting was the current 4 To Fir The County program. This program is an effort to develop a drainage study for all basins within Tulsa County located outside municipal limits. The Corps of Engineers has been contracted to prepare the study and the study's development is in its second year (out of three years). The citizen representatives reported that one product of the 4 To Fix The County program is recently produced aerial photography that the City can obtain and use Also, new floodplain information will be published by the Corps of Engineers showing updated floodplain boundaries. A geographic information systems (GIS) database is being built in conjunction with the new floodplain information that the Corps of Engineers hopes to use to track conditions within the county drainage basins. The staff informed the citizen representatives that the City is attempting to coordinate with the county and other municipalities in an effort to ensure that the drainage study is comprehensive in scope and does not include "gaps of study" where municipal drainage basins are not studied while adjacent county drainage basins are studied. The City intends to work with the Corps of Engineers during the next budget year to include the municipal drainage basins in their study The citizens also stressed the need for the City of Owasso to develop a drainage and storm water plan. The staff noted that the City should enter into a joint effort with Tulsa County to take the data gathered from the 4 To Fix The County Study and then inventory and map all watersheds in the area. Such an effort would allow the staff to identify all current problem areas and develop strategies to improve the problem areas. NO ADVERSE IMPACT: During the meeting, the staff discussed the concept of No Adverse Impact with the citizen representatives. No Adverse Impact pertains to developments that occur in the floodplain. It is a strategy being promoted by FEMA, the Corps of Engineers, and the Oklahoma Floodplain Managers Association as the proper approach to floodplain management. The concept of No Adverse Impact is that floodplain developments should not adversely impact other property by increasing flood depths or velocities. The City will examine existing floodplain development regulations to determine whether changes might be advisable that could better protect existing properties within the floodplain. POTT.1 TIAL AREA DEVELOPMENTS: The staff also talked with the citizen representatives about drainage issues that could arise from fixture subdivisions in the area. The City should require that any new development should not cause water to back up onto adjacent properties upstream Further, the City should require that the rate of drainage runoff from any new development should be no greater after development than before development. The staff recommends that the Council consider the topics raised at the meeting and adopt a statement of policy that affirms the city's desire to control drainage in a responsible manner and that directs the staff to focus on issues of drainage for all new developments. ATTACHMENT: Statement of policy OWASSO CITY COUNCIL POLICY STATEMENT RELATING TO DRAINAGE OF WATER THROUGH THE BASINS IN AND AROUND THE CITY October 15, 2002 In its desire to pursue the highest quality of life for citizens ofthe Owasso community, the City Council recognizes the importance of promoting developments of high caliber as Owasso continues to grow. Further, the City Council has heard the input of area residents and concurs with the residents that the City of Owasso should closely examine the conditions of the community that are affected by new developments. One of the affected community conditions that is of prime emphasis is the drainage of water through the basins in and around the city. Therefore, the City Council declares the following statement of policy and directs the municipal staff to endeavor to implement the policy as a priority in the administration ofthe staffs duties: L New development should not have a water - drainage impact on other property. II. The staff is directed to provide detailed review of all submitted drainage plans for any development. 111. The staff is directed to initiate the development of a master drainage plan subsequent to the receipt of data from the current study being accomplished by the Corps of Engineers and funded by T ilsa County. ADOPTED by the Owasso City Council this 15d day of October, 2002. 11Tchael Helm, Vice Mayor Susan Kimball, Councilor Randall C_ Brogdon, Mayor Rebecca Armstrong, Councilor Gary Cochran, Councilor August 13, 2012 To the Owasso City Council: In considering the annexation of the propertyjust south of Hillside Estates, please consider the following information. That land is in a flood zone. To prepare that land so it would not be in a flood zone, you would be putting Hillside Estates in jeopardy. Hillside Estates was built in 1978. In all of those years, none of the houses on the south side of that neighborhood has EVER flooded. During that 34 years, there have been some serious floods in our county, BUT NOT on the south side of Hillside Estates. When the city of Owasso annexed Hillside Estates, they built a mote around the neighborhood to prevent high water from reaching the houses on the west side. My neighbour has proof that developing that land would put our houses at risk with a video of a huge rain we had this year. If this property IS developed, knowing this, not only will the developer be legally responsible for any damages that occur due to flooding, but the City of Owasso would be legally responsible, AND each one of the Council Members that voted to do this in spite of the knowledge that it would put our houses at risk would be legally responsible. There are federal laws that address moving landscape that will flood another area. Please look after the interests of the people you are supposed to represent, and not the interests of a few people who only see the dollar signs. A developer might look at paying for our homes as part of the cost of doing business, but I seriously doubt that the City of Owasso has so much disposable income to do that. And, do you seriously want to play Russian Roulette with your OWN finances? Respectfully, R.L. and Sandy Brown 11236 N. 94th E. Ave. Hillside Estates Owasso, OK 74055 Jarrett and Kathleen Short 14127 E. 88" St. N. Owasso, OK 74055 June 30, 2012 To Whom It May Concern: I am writing to ask your support and vote to revise Owasso Zoning Code section 240.2 . This code requires a 1 Oft setback from all property lines for structures such as pools and patios. We recently tried to apply for a variance to this zoning code to put a pool in our small backyard. We were denied the variance by the board of adjustment. They suggested that we try to get the outdated ordinance changed. No one on the board could determine a valid reason for such a large setback when surrounding communities setbacks are 5ft, and our house is actually sitting on 5 of the 1Oft setback. We have looked up surrounding community zoning codes, and the standard is 5ft. Just a few of the surrounding communities with 5ft setbacks are Jenks, Collinsville, Bixby, Broken Arrow, and Tulsa. According to our pool builder the national standard for setbacks is 5ft as well. The board directed us to be in contact with the city to review this zoning code. We have since talked to several city officials, the city planner and the assistant city manager. These individuals were very kind, and the city planner actually offered to take this to the city council for consideration of revision. Vith Owasso's smaller lot sizes, the 1Oft setbacks, as well as, the utility easements it makes it almost . npossible to add a structure such as a pool or outdoor living area to backyards. Changing the setbacks to five feet would make backyard improvements possible along with keeping our community competitive with surrounding areas. We have been residences of the City of Owasso for the past 11 years. We have seen this city grow and develop into a city that competes for residences from other popular areas such as Bixby and Jenks. We think the revision of this zoning code will allow residences with a medium socioeconomic status to be able to improve their properties. Thank you for your thoughtful consideration. Sincerely, Jarrett and Kathleen Short TO: The Owasso Planning Commission FROM: Bronce L. Stephenson Juri'sdiciion City Planner SUBJECT: Final Plat- 91netyEight PARCEL SIZE: 14.645 Acres ZONING: RM (Multi - Family Residential) DATE: September 7, 2012 BACKGROUND: The City of Owasso received a final plat for review and approval of the 9inetyEight Final Plat. The subject property is 14.645 acres In size and Is comprised of one (1) lot on one (1) block. The site will be developed as the 91netyEight Apartments. This property was annexed into the City of Owasso by Ordinance No. 559 and the properly was rezoned to RM (Multi - Family Residential) by Ordinance No. 1007. A Planned Unit Development (PUD- 12 -01) was approved for the development of the 91netyEight apartment complex on the property. SURROUNDING ZONING: Direction Zonin Use Land Use Pl6n Juri'sdiciion North Office Medium Medical /Office Transitional City of OM Owasso South Commercial Commercial Commercial City of Shopping CS Owasso East Commercial Commercial Commercial City of Shopping CS Owasso West Office Medium Vacant Commercial City of ANALYSIS: The final plat for the 91netyEight development consists of one ('1) lot on one (1) block on approximately 14.645 acres. The applicant is platting the property for the purposes of developing an apartment complex. The subject property is located along E 98th St N and E 99th St N immediately north of the Owasso Market development and to the south of the St. Johns Owasso medical campus. The plat identifies two access points, one connecting to E 98th St N and the other to E 100th St N. All roadways within the development will be private. Perimeter and interior utility easements will provide utility companies adequate access to provide service and maintain service to the proposed development. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. The City of Owasso will provide sanitary sewer service, with water provided by Washington County Rural Water District # 3. Technical Advisory Commiffee (TAC): The Technical Advisory Committee reviewed the preliminary plat for the 9inetyEight Final Plat at their regularly scheduled meeting on August 22, 2012. The TAC comments are attached. RECOMMENDATION: Staff recommends Planning Commission approval of the final plat. ATTACHMENTS: A. Area Map B. Aerial Map C. Final Plat 91netyElght D. TAC Comments Is map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure Dfcomplete accuracy, please contact Owasso staff for the most up- to-date Information. This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff forthe most up -to -date Information. Final Subdivision Plat 9inetyEight 3. FINAL PLAT — 9inetvEieht David Vines- • Insert the language regarding maintenance of the common, open areas. • Reference easements on plat. If by separate instrument show book and page or leave bank to be filled in at a later date. Public Works- • Reference easements, if by separate instrument show book and page. • Show limits of no access and limits of access. • Be aware of roof drain requirements. AT &T- Tim Maxey • Need a letter of permission from the developer to bring cable fiber in to apartments. • May have additional easements upon site plan review. Community Development- • Misspelled word "easeement" should be "easement" on the front page. • Correct the Certification of City Clerk language. Strike all wording after "State of Oklahoma ". • Double check the language in the Duration section. Jerry Gammill — Rural Water ■ Need to review water line plans. ■ Spoke with Malek, may need a 20' easement. ■ Change to Rural Water District #3 regarding the water service in the 2nd column of the Deeds of Dedication. AEP/PSO • Might need more easements upon site plan review. Mike Barnes- 0 No comments ONG -Rick Shoemaker • No comments Chelsea Harkins • No comments CHAPTER 8 PLANNED UNIT DEVELOPMENTS 8.1 INTRODUCTION AND PURPOSE A Planned Unit Development (PUD) is a special zoning overlay that provides alternatives to conventional land development. Upon approval, it becomes a supplement to the existing zoning of the subject property. A PUD is also a means of encouraging creative development of land and promotes project design that is often unseen in conventional devel seen as a tool to circumvent the zoning and subdiv of Owasso, but rather as a tool for intelligent, developments that fit within Owasso's existingqnE the surrounding area. A PUD provides flexibilitk',! on properties with unique physical chard if 4ssstu design and providing guidelines which ensure that the City of Owasso's future growth line great fl yid .... special restrictions which will allow dbv�topme�, procedures are established herein to ensare'lad" flexibility. 8.2 GOALS Preserve J A PUD shall not be blations of the City coned, and quality As and context of the development innovative beneficial to is g14"6 provide of the increased r flexibly than othe se would be allowed with the ific goats..* need to be accomplished with each be evaluat §,d on their ability to accomplish the Eb1jan6e1-he Qialit `of Life in Owasso rtdmties for Urban Infill , a Seise of Community 'That Otherwise Could Not Occur on the Site rovide.),A'eaningful Open Space icYivity and Compatibility with Surrounding Development e and Thoughtful Development of Strong Neighborhoods Ries Beyond Conventional Development Physical Characteristics of the Land 8.3 APPLICABILITY A PUD may be submitted for any parcel of land located within any general zoning district or combination of general zoning districts within the Owasso City Limits. In all cases, the PUD will be reviewed as to the proposed Location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this chapter. 2. Approval of a Conceptual Development Plan is required prior to development of a PUD district. Comprehensive Development Plans are subject to recommendation by the Planning Commission and approval by the City Council. This PUD chapter shall complement the other sections of the Owasso Zoning Code. In instances where the requirements are conflicting, the Community Development Administrator shall determine the correct action. 4. A Conceptual Development Plan shall be request for rezoning. 8.4 MINIMUM STANDARDS A. DENSITY By their very nature, PUD's are de unique or unusual, natural or man - development that makes use of and be necessary to cluster `density v density is proposed, promote and maintain useabI open that complements the existing overall gross densij far the pro7ee acre. -.. The gross density`= 2alcul ic concurrently with a y,tc develop parcelsW land with ;conditions. In order to promote �rve3 such unique features, it may deQe pmpts. If clustering of shall b`e` provided; the design shall e,_ and ' layout shall be provided ofAfte site. A upon the gross area of the tract, of way, or easements to provide an that shall be expressed in units per s shall be provided within the PUD Single - Family Reside - A residential PUD shall not exceed five (5) dwelling units per acre for single- C. PRESERVATION OF TREES AND OTHER NATURAL FEATURES PUD's shall be designed to preserve and enhance the existing physical characteristics of the land and the natural vegetation that exists on the land. Projects that require clear cutting or denuding of large tracts of land for development are discouraged. Trees in excess of eight (8) inches in caliper shall be preserved and worked into the overall design of the project, unless the applicant can provide substantial justification to remove said trees. Tree preservation credits shall be applied to all landscaping plans and additional landscaping shall be required for projects that remove excessive healthy vegetation. D. SCREENING AND BUFFERING Screening is an important part of any PUD prgposal� especially when incompatible uses are proposed within the PD, or extstin adjoining developments. Screening may be emplo�_&d,iriZthe form o� , 1. Fencing - Natural materials are,gncouraged- 2. Walls - Stone, brick, split facdd'14tock, or! ecorative mateRals shall be used. ...; 3. Berms - Berms may be used in combn4t on with vegetation or fencing to achieve the desired result. 4. Vegetation - Vegetation rbvides a screening mecanism that can be efficient and , leaving the natural vegetation as a means oflscreenipg atheves the desired results. 5. New vegetation may be the intent of this F. CONCEPTUAL LANDSCAPE PLAN REQUIRED Each PUD shall require a landscape concept plan at the time of submittal. The landscape plan shall depict general locations for landscaping, but shall not be required to go into great detail on the conceptual plan. Trees, however, shall be shown on the conceptual landscape plan. More detailed landscape plans may be required in the later stages of the development process in conformance with the City's adopted landscape requirements, or if the Administrator or Planning Commission deems it necessary during at the conceptual landscape phase. G. ADHERENCE TO CITY LANDSCAPE REQUIREMENTS' "tea All adopted landscape requirements shall PUD. A PUD shall provide landscaping that exceeds the City's rriemmum. requirements in order to meet the goals, purpose, and criteria . -PUD ordinance. H. SITE DEVELOPMENT Low - Impact Design (LID) Crieer J. OPEN SPACE At least 25% of the provided open space shall be developed and maintained for active or passive recreational activities. The remainder should be kept as marshland, wildlife areas, woodlands, creeks, etc. At least 10% of the above reference area shall be out of the floodplain (100 Year) and floodway. K. COMMON AREAS Common areas shall be provided throughout the development for the use and enjoyment of the residents of the surrounding area. Common areas promote social interaction and help to create a sense -of community. a L. AMENITIES REQUIRED Any residential PUD development shall provide G aut least one (1) amenity from each of the categories from the Table` "PI 1) For any residential development ,t'(at proposes a gross density of more than four (4) units per acre, `one an eadditional amenity.,;from any category shall be required fof ea�hV0 5 units�,pper acre over C- T.:., 2) A developer may propose any amenity not provided on the list and an explanation of what` �22,ategory it shout" ,VJ U under. The Community Development Administr tor, the P[anmrig - orrlmission, or the City Council shall determine ii 1. a(ranienity is accelStable. 3) Amenities may be combined .into one,,oy:'more park /recreation areas. (i.e. Poor,,, w ish a, club house,, or a park area with a basketball court, 4) Park an'd r;ecrentlon, areas shhlP be placed in a centralized location uyjLhtn theile�(opmeiit s31it -fs convenient and accessible. 5) Any standing waeYs:f ture or pond shall be re- circulated through a fountatn,v4Wterfa(1;.,brother aeration device. This requirement applies to any stornretention pond that is maintains a pool elevation of water. TABLE 8 -1, REQUIRED AMENITIES CATEGORY AMENITY FEATURE SPORTS FIELDS, TENNIS COURTS, BASKETBALL COURTS, ACTIVE RECREATION VOLLEYBALL COURT, DISC GOLF COURSE, SKATE FACILITIES, BIKE PATHS, HIKING TRAILS, GOLF FACILITIES STOCKED FISHING POND, NAr URE PRESERVE AREAS OF AT LEAST 2 ACRES, HORSE SHQ€ PST, WILDLIFE VIEWING AREA (IF PASSIVE RECREATION ADJACENT TO PRESERVED HABITAT), CAMP GROUNDS, EQUESTRIAN FACIL1TlE�MEDITATfON AREA, WALKING PATHS OR TRAILS v r DOG PAWS, PICNIC ARE PAVILLIONS,IUUTDOOR PUBLIC GATHERING AREAS AMPHITHEATRE, °4 UBflOUS�, GAZEBO,VBQAREA, DOCK AREAS, COMMUNITY<G'ARDEN, PARK AREA FAMILY RECREATIONAL AREAS SPLASH PAD, SN(IMMING POOL, PLAYGROUND LAND;USE'PaN Anyhall be developed in accordance with the adopted . The PUD shall meet the Goals, Objectives and Action Strq giested within the plan. N . ITH SURROUNDING DEVELOPMENT designed in a manner that is compatible with the surroi5idr)g development in the area. If the proposed development is not in charger with the surrounding area, the PUD shall show how the develo e screened or employs techniques that will mitigate the 8.5 PROCEDURE A. PRE - APPLICATION MEETING A pre- application meeting is required prior to submitting a formal application for the proposed PUD project. This step offers the developer a chance to meet with City staff to discuss ideas related to the development of a PUD on a piece of property. City staff from different departments shall be available to discuss the project, answer questions and provide information to the developer. B. SUBMITTAL OF DEVELOPMENT APPLICATION 1. After submittal of a completed PUD application packet with all required information, the Administrator shall provide a professional review of the project and shall assist the developer in understanding the PUD process. 2. The Administrator shall require sufficient detail in the Conceptual Development Plan to provide an opportunity for the, reviewing bodies to make informed decisions and evaluate compli..ajce frith the applicable approval criteria. 3. The Administrator shall provide recom tions ;regarding changes or additions to the PUD that would make the project a consistent with the goals, purpose and standards'.6 the PUD outline this chapter. Upon completion of a success fulrapp tic atioyt the PUD shall bg_.placed on the next available Planning Agerlda. C. TECHNICAL ADVIOSRY COMMITTEE (TAC) 1. Prior to the Planning Commission, the City;of,Owasso's Technical Advisory Committee (TAC) shall `review the PUD proposal and all supporting documentation. 2. The TAC shall provide commepks to the developer regarding utilities, engineer } ariCiIng, and project designs 3. All %C� ment9hall be addNssed by the developer prior to the PUD being reviewed, by the Planning Commission or City Council. At least seven ( catbridar days prior to the project being heard by the i :Rnnmg Com rssion, a he applicant shall hold a neighborhood meeting to rrlt gduce the ;abject to neighboring property owners and receive input ab ikpotentiaf Issues with the development. The applicant shall provide writtdgnotice about the meeting to all property owners within three of the subject property. The meeting shall give the developed %an opportunity to address potential issues, answer development - related questions, and bring forward a project that is consistent with the surrounding development of the area. City Staff will be present to answer procedural and City- related questions, but will otherwise observe and report on the discussions held at the meeting. E. PLANNING COMMISSION It shall be the duty of the Planning Commission to review each PUD prior to consideration of the City Council. 1. The Planning Commission shall perform detailed analysis of the project and make recommendations to the applicant and the City Council. 2. The Planning Commission shall receive staff's input, hear from the general public, and engage the developer in discussion of the project. 3. The Planning Commission shall address any potential issues that they feel the project has and suggest design alternatives to create a project that meets the goals, purpose, and criteria identified in this chapter. 4. The Planning Commission shall make recommendations to the City Council. a) Move to recommend denial of th b) Move to recommend approval of c) Move to recommend approval,* 5. Should the Planning Commiss tabled until the next meeting 6. No proposal may continue to the Commission has made aarecommendat of the following as presented with conditions can be Council until the Planning he City Council. 7. If any major changes are r a e Lo Sloe plans of', information is brought forward after review by tlh� Plaifffi)j ommiss'ibn, the City Council may ask that the project ret lann Gm m mission for review. The shall make the fire l.gecision on any PUD application. A final PUD play shallkbe approved aing with an Ordinance. The approved ordnance City Countilishall rise the information provided by City staff, the the Planning Commission, and the input from the wand the `roject developer to approve or deny and proposed PUD. P. 1. The C *tya,Council may add conditions to the project that they feel are to meet the intent of the PUD Ordinance. 2. Should the City Council require more information; the item can be tabled to a future meeting. 3. All conditions imposed by the Council shall become binding and shall be met before the project may proceed. PUD PROCESS FLOW CHART Pre Application meeting with planning staff. Sumittal of Application Packet and Applicable Fees Application reviewed and public hearing scheduled. Notification prepared for view newspaperand mailing list. Sign posted on the subject property. meeting approved Final Action and Ordinance prepared 8.6 TIMELINE AND EXPIRATION A. VALIDATION A PUD shall be validated once any portion of the property has been platted and recorded or a building permit is approved. B. ZONING ORDINANCE Because a PUD is a zoning action approved through City.Council by Ordinance, the City shalt file the ordinance approving the designatiomof a PUD on a tract of land, with the County Clerk's Office upon plattirlg.dnd recording any portion of the PUD. _ C. EXPIRATION For any PUD in which there has been no,t of the property platted after five (5) ,ea the PUD shall be considered null and vql a Planning Commission and City Council for° on the property. Upon approval of Administrator shall transmit 1n,writing the Commentary: PUD's are c zoning of the site shall not D. EXTENSIONS. An extension ma the 5 year /xpir'a of two (2) additil asking for the ex expiration ,date. by 'Lion dale. PUD's permit issUedt;nor any portion approval by ,City, Council, brought.efore the .Drior to anvrdevelooment by the City Council, the hich the PUD will expire. fining. The underlining shall expire. inistrator for PUD's that are nearing !xtended one (1) time for a maximum ter is submitted to the Administrator (2) months prior to the five (5) year the following: 1. Reason for the extension Z, That there, are noichanges to the original PUD approved by the City _U Cnunril_ 3. date by which a portion of the PUD will be platted It shall party's responsibly to ask for and sign the letter of extension. IMdo extension has been sought and granted, said PUD shall be considered expired and must be re- approved by the Planning Commission and City Council following the process prescribed in this Chapter. If no portion of the property has been platted nor any building permit received by the Community Development Department, within the two (2) year extension period, said PUD shall expire and a new PUD application must be submitted. 8.7 AMENDMENTS There may be instances when a change or amendment to the original PUD is necessary or desired. In these situations, the magnitude of these amendments is considered. There are two types of amendments that can occur with a valid PUD, a major amendment and a minor amendment. A. MAJOR AMENDMENT A major amendment is described as a significant changtlatincreases the density, intensifies the use, or creates inconsistencjefd(With the character of the PUD that was initially approved shall proceed thro(ih''the entire PUD process as outlined in this chapter. 1. The Administrator shall determine changes to the, PUD meet the criteria for a major amendments; is an appropriate chtiange,,and will maintain the spirit of what wavipp?oved inNbe original PUD, ;> 2. An appeal from the Administrators decision that the changes to the PUD construe a major amendment shall be made`in writing by filing a notice of appeal to the Plarim" Gommission w"Min ten (10) days of the Administrators decision. Said appeal shall be Ceard a regular meeting of the Planning Commission,. at applicant defend his proposal. Appeals shall B. MINOR A4, 'NDMENTF.: Small chageltat meethe intent othe ordinance, do not increase the density, are coNistentWwjth,surroundma evelopment, and do not pose a threat to the health, lend' #nts "hall be approved administratively and may only be to g4l' efore the Technical Advisory Committee(TAC). DEVELOPMENT PLAN A. CONCEPTUAL SITE PLAN The required conceptual plan shall be a rendered plan that clearly articulates the overall concept of the PUD. Figure 8.1 illustrates an acceptable conceptual site plan rendering. The site plan shall include the entire PUD area, and may include site plans of smaller areas to provide more specificity if the development is large. 1. The site plan shall include, at a minimum, the following: a) Name of the proposed development. b) C) d) e) f) g) h) i) D )) M) n) Name and address of the property owner and developer. Name of the preparer of the document. Graphic scale drawn at a scale no smaller than 1:100, a north arrow, date of preparation, and a legend. Vicinity map outlining the location of the development in relation to major streets within 1000 feet, schools, and other landmarks. The County where the development lies shall be depicted. Legal description of the property shall be provided. Total acreage of the tract, total acreage of the proposed area to be improved, and acreage of open space. Location and name of abutting subdivisions and City Limit Lines. Wooded areas, wetlands, waterways, flpr6dplain and floodway, ponds and other natural features shall be`depicted. Location of all proposed streets. Location of each proposed buildings (single family residences or duplexes not required) Proposed density of the deveto nt depicted 'ih, gross density figures (gross units per acre6f the en e development)' Location and identificatidrof ;all land 'uses within the :P,UD shall be depicted. Identification of a(6',' arneni>yalD.cations, detention areas, open space areas, etc shall be cl Orly depicted. Location of parkin,areas. Depiction of any proposed walking grails, pathways, and buffer yards, including fenas` Notation on the plaWbf hoW�vk„ide, the byffer yards will be and how they will be landscaped Aype of amenities provided Figure 8.7 -1 B. COMPREHENSIVE DEVELOPMENT PLAN AS THE PRELIMINARY PLAT Should a conceptual site plan be provided that goes into sufficient detail necessary for submittal of a preliminary plat, the plan may be used as the preliminary plat for the PUD project. If the site plan is to be used as the preliminary plat, it must contain all of the required elements for preliminary plat approval outlined in the subdivision regulations of the City of Owasso. If the PUD is approved with a site plan that is sufficient to be used as a preliminary plat, the applicant may proceed to the final plat stage. Commentary: It is not required that the entire development be platted, only the portion the applicant intends to develop;;'initfally. 8.9 DESIGN AND INTENT STATMENT A. REQUIREMENTS The design and intent statement shall clearly articulate the vision for the proposed development and shall identify key;;etiftents of the project that justify using a PUD approach over conventio '6�t zoning. 1. At a minimum, the design and intent statgfnent shall include some basic elements, listed below. a. Overall project statement of usvand intent. b. List of the proposed larld uses includirig'residential densities c. List j al:p°arties involve owner, agent, plan preparer) d. why the development is appropriate, 3h it comties with ordinance. The applicant should exp arh ;how .the, PUD is consistent with the goals, purposes, and .11 e A regarding the compatibility of the proposed eyettrpment YWith the surrounding area. The statement should transition, screening, types of materials to be used, s it re fopYage of structures, . f. A table how the proposed PUD will differ from current bulk e; standards; with an outline of what sections of the zoning ordinance br subcjiyision regulations that the PUD seeks relief from. of the covenants that will govern the property and about the development of a Homeowners Association how they will govern the common areas. h. An anticipated timeline for development, which may include a phasing plan. i. The PUD's consistency with the Owasso Land Use Master Plan. Sections 8.90 -8.99 Reserved RESIDENTIAL SINGLE FAMILY NEW CONSTRUCTION MONTH END REPORT AUGUST 2012 Month 2003 2004 2005 2006 2007 2006 2009 2010 2011 2012 1 January 54 30 31 22 13 25 15 17 1B 19 3 March 38 75 65 50 25 35 30 46 14 27 26,269,824 5 May 29 31 43 36 60 23 27 30 20 23 32 34 27. 12 23 24 28 17 20 15 9 September ber 52 64 35 12 17 40 20 1 I 12 11 November 35 31 32 13 26 516 336 301 267 303 246 179 YTD Lea 356 366 270 219 196 221 212 139 164 AUGUST YEAR -TO -DATE COUNT AUGUST AUGUST YIAR-TO-DATE DOLLARS 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 2008 2009 201 2011 12 AUGUST TOTAL DOLLARS 45,000,000 30,000,000 15,000,000 COMMERCIAL NEW CONSTRUCTION MONTH END REPORT AUGUST 2012 Month 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 1 January 0 0 1 2 9 4 4 1 1 3 1 CITY OF OWASSO RESIDENTIAL LOT INVENTORY STATUS August 31, 2012 SUBDIVISION # OF LOTS # DEVELOPED # AVAILABLE Burberry Place (6/09) 89 50 39 Camelot Estates (4/07) 139 51 88 Carrington Pointe 1(1111) 171 55 116 Champions East (05/08) 66 6 60 Champions West (5/08) 45 2 43 Country Estates III (3/99) 61 58 3 Country Estates VI (11/03) 37 36 1 Crescent Ridge (02/08) 101 93 8 Fairways V (8/99) 71 57 14 Fairways VI (12100) 42 40 2 Falls at Garrett Creek (12/05) 85 84 1 Falls at Garrett Creek Amended (12/05) 24 22 2 Honey Creek (4/02) 202 198 4 Keys Landing (3/08) 131 99 32 Lake Valley IV (5/2010) 114 84 30 Lakes at Bailey Ranch (10/07) 235 190 45 Maple Glen (12/08) 98 95 3 Maple Glen II (1/11) 93 76 17 Nottingham Estates IV (8/01) 20 17 3 Nottingham Estates V (3/01) 44 43 1 Nottingham Hill (6/09) 58 9 49 Preston Lakes (12/00) 272 243 29 Preston Lakes III (10104) 147 144 3 Remington Park II (11104) 84 82 2 Sawgrass Park II (04/05) 96 94 2 The Summit at Southern Links (6/97) 31 26 5 Watercolours (12/02) 40 31 9 TOTALS 2596 1985 611 Watercolours(12 /0 The Summit at Southern Links (6/9' Sawgrass Park II (04/0: Remington Park II (11/0, Preston Lakes III (10 10r Preston Lakes (12/0( Nottingham Hill (6 /OE Nottingham Estates V (3101 Nottingham Estates IV (8/01 Maple Glen II (1/11 Maple Glen (12108 Lakes at Salley Ranch (10/07 Lake Valley IV (512010' Keys Landing (3/06; Honey Creek (4102; Falls at Garrett Creek Amended (12105) Falls at Garrett Creek (12J05) Fairways VI (12100) Fairways V (8199) Crescent Ridge (02/08) Country Estates VI (11/03) Country Estates III (3/99) Champions West(5108) Champions East (05108) Carrington Pointe 1(1111) Camelot Estates (4107) Burberry Place (6/09) CITY OF OWASSO 0 50 100 150 200 250 0 Lots Developed OTotal Lots 300 PERMITS APPLIED FOR IN AUGUST 2012 ADDRESS I BUILDER ADD /ZONE I VALUE A.S.F. I PERMIT # DATE )10 E 102 St N Blue Haven Pools SG /RS -3 $ 40,000 426 12- 0801 -P 8/2/2012 9500 N 129 E Ave I Sign World CC /CS $ 5,000 1 48 12- 0802 -S 8/2/2012 9053 N 121 E Ave I WK Construction ISM/CS 1 $ 500,000 1 3010 12- 0803 -C 8/6/2012 11007 N 117 E Ave lCapital Homes MGII/RS -3 $ 87,476 1809 12- 0804 -X 8/7/2012 11006 N 118 E Ave I Simmons Homes 1MG11/RS-3 $ 85,980 1833 12- 0805 -X 8/9/2012 8415 N 125 E Ave 1Boyd Family Dentistry OSP /01, $ 1,500 16 1 12- 0806 -5 8/9/2012 15301 E 110 PI N I Simmons Homes LVIV/RS -3 $ 100,815 1833 1 12- 0807 -X 8/9/2012 7606 E 83 PI N 101d School Construction CP/RS -3 $ 153,120 2784 1 12- 0808 -X 8/14/2012 9021 N 121 E Ave Superior Graphic SF /CS $ 9,000 96 12- 0809 -5 8/14/2012 9045 N 121 E Ave #100 Crown Neon ISTICS $ 4,000 24 12- 0810 -5 8/15/2012 9508 N 96 E P1 Shaw Homes LBR/RS -3 $ 186,230 3386 12- 0811 -X 8/20/2012 9404 E 92 PI N Shaw Homes LBR/RS -3 $ 228,965 4163 12- 0812 -X 8/20/2012 9402 E 91 St N Landmark Homes LBR/RS -3 $ 163,652 2975 12- 0813 -X 8/21/2012 9455 Owasso Expressway Claude Neon TP /CS $ 7,200 78 12- 0814 -5 8/21/2012 12334 E 86 St N Rainbow Signs EC /CS $ 4,000 45 12- 0815 -5 8/21/2012 10541 N 121 E Ave I Simmons Homes BBP/RS-3 $ 146,960 2672 12- 0816 -X 8/21/2012 12905 E 96 St N I Sam's Club WFA /CS $ 7,500,000 139365 12- 0817 -C 8/22/2012 12349 E 86 St N JCBCI ILRS/CG $ 145,000 2400 12- 0818 -C 8/22/2012 10849 E 109 PI N lRob Smith CR/RE $ 25,000 1680 12- 0819 -X 8/22/2012 8501 Owasso Expressway I Keith Haney UP /CG $ 450,000 10609 12- 0820 -C 8/26/2012 7770 N Owasso Expressway JKRB FC/CG $ 8,5001 1500 12- 0821 -C 8/27/2012 ^' 03 E 70 St N Strategic Builders KL/RS-3 $ 163,350 2970 12- 0822 -X 8/27/2012 J5 E 70 St N Strategic Builders KL✓RS -3 $ 138,600 2520 12- 0823 -X 8/27/2012 12112 E 69 St N Strategic Builders KL/RS -3 $ 143,000 2600 12- 0824 -X 8/27/2012 15009 E 110 St N Simmons Homes LVIV/RS -3 $ 139,120 1939 12- 0825 -X 8/27/2012 15104 E 1I0 St N Simmons Homes LVIV/RS -3 $ 164,080 2251 12- 0826 -X 8/27/2012 11000 N 118 E Ave Simmons Homes MGII /RS -3 $ 85,980 1833 12- 0827 -X 8/27/2012 10914 N 117 E PI Capital Homes MGII/RS -3 $ 77,632 1351 12- 0828 -X 1 8/28/2012 15 Single Family $ 2,064,960 1 36,919 SgFt 1 Residential Remodel $ 25,000 1 1680 SgFt 2 New Commercial $ 8,000,000 142,375 SgFt 3 Commercial Remodel $ 603,500 14,509 SgFt 6 Signs $ 30,700 307 SgFt 1 Pool $ 40,000 426 SgFt 28 Building Permits $ 10,764,160 1196,216 SgFt OCCUPANCY PERMITS NAME ADDRESS APPLICATION OPENING COMPLETE DATE DATE AUGUST 2012 JULY 2012 AT &T 7707 N Owasso Exp #7 7/112012 7/3/2012 Yes Boyd Dentistry 8415 N 125 E Ave 11/15/2011 7/20/2012 Yes JUNE 2012 The Copper Kiln 122 S Main St 611/2012 6/29/2012 Yes MAY 2012 APRIL 2012 Luna De Noche 9500 N 129 E Ave #130 4/5/2012 4/12/2012 Yes Golden Dragon Taekwondo 13720 E 86 St N 4/5/2012 4/9/2012 Yes Blue Phoenix 9500 N 129 E Ave # 4/10/2012 4/26/2012 Yes MARCH 2012 Duffy's 11610 E 86 St N 3/5/2012 3/10/2012 Yes Life Church 14008 E 96 St N 5/2/2011 3/3/2012 Yes Edward Jones 9540 N Garnett 1/22/2012 3/22/2012 Yes Dayana's Hair Salon 11622 E 86 St N 3/2/2012 3/20/2012 Yes -' -,ia Pentecostal 12111 N Garnett 3/22/2012 3/22/2012 Yes I .Jails & Spa 12412 E 86 St N 3/14/2012 3/17/2012 Yes FEBRUARY 2012 Pet Hotel 8355 N. Owasso Exp. 2/1/2012 2/3/2012 Yes Green Hill Funeral Home 9901 N. Owasso Exp. 2/6/2012 2/16/2012 Yes Akira Sushi Bar 9455 N Owasso Exp. #E 1/15/2012 2/10/2012 Yes Family Animal Medicine 9200 N. Garnett 2/22/2012 2/22/2012 Yes Owasso Medical Campus 12455 N. 100 E. Ave. #300 2129/2012 2/29/2012 Yes JANUARY 2012 DECEMBER 2011 Dog Daycare & Kennel 8355 N. Owasso Expy 1211/2011 12/1/2011 Yes NOVEMBER 2011 Ma's Caf6 11691 N. Garnett Rd. 11/14/2011 11/14/2011 Yes Boomerang Diner 13720 E. 86 St. N. #190 11/16/2011 11/16/2011 Yes Creative Clips 12711 E. 86 PI. N. #108 11/15/2011 11130/2011 Yes OCTOBER 2011 O'Reilly Auto Parts 13318 E. 116th St. N. 10/3112011 10/31/2011 Yes Top Cut 12409 E. 96th E. Ave. 10131/2011 10/3112011 Yes SEPTEMBER 2011 F `n The Hole 126 S. Main St. 9/1/2011 9/23/2011 Yes