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HomeMy WebLinkAboutPart 12 Planning Zoning and Development PART 12 PLANNING, ZONING AND DEVELOPMENT CHAPTER 1 PLANNING COMMISSION Section 12-101 Planning Commission Created Section 12-102 Compensation and Qualification of Members; Removal Section 12-103 Organization and Rules Section 12-104 Quorum Section 12-105 Powers and Duties CHAPTER 2 ZONING REGULATIONS Section 12-201 Zoning Regulations Adopted CHAPTER 3 SUBDIVISION REGULATIONS Section 12-301 Subdivision Regulations CHAPTER 4 FLOOD DAMAGE PREVENTION Section 12-401 Findings of Fact Section 12-402 Statement of Purpose Section 12-403 Methods of Reducing Flood Losses Section 12-404 Definitions Section 12-405 Lands to Which Special Flood Hazard Applies Section 12-406 Basis for Establishing the Areas of Special Flood Hazard Section 12-407 Establishment of Development Permit Section 12-408 Compliance Section 12-409 Abrogation and Greater Restrictions Section 12-410 Interpretation Section 12-411 Warning and Disclaimer or Liability Section 12-412 Designation of the Floodplain Administrator Section 12-413 Duties and Responsibilities of the Floodplain Administrator Section 12-414 Permit Procedures Section 12-415 Variance Procedures Section 12-416 Provisions for Flood Hazard Reduction; General Standards Section 12-417 Provisions for Flood Hazard Reduction; Specific 1 Standards Section 12-418 Standards for Subdivision Proposals Section 12-419 Standards for Areas of Shallow Flooding (AO/AH Zones) CHAPTER 5 TAX INCREMENT FINANCING DISTRICTS Section 12-501 Owasso Redbud District – Increment District No. 1 2 CHAPTER 1 PLANNING COMMISSION Section 12-101 Planning Commission Created Section 12-102 Compensation and Qualification of Members; Removal Section 12-103 Organization and Rules Section 12-104 Quorum Section 12-105 Powers and Duties SECTION 12-101 PLANNING COMMISSION CREATED A zoning and planning commission is hereby created to be known as the city planning commission. The commission shall be composed of six (6) members, five (5) of whom shall be nominated by the mayor and confirmed by the city council. The mayor shall be an ex officio member of the commission. Each appointed member shall hold office for a period of three (3) years, or until his successor takes office, except that in the first instance two (2) members shall be designated and appointed for a term of three (3) years; two (2) for a term of two (2) years, and one for a term of one year, and future appointments made as each term expires, for respective terms of three (3) years. Vacancies occurring in the commission shall be filled and appointments made to conform to the unexpired term of the office vacated. State Law Reference: Planning commissions created, membership 11 O.S. Sections 45-101 et seq. SECTION 12-102 COMPENSATION AND QUALIFICATION OF MEMBERS; REMOVAL Appointed members of the planning commission shall be nominated and appointed solely by reason of their fitness and without reference to party affiliation and shall serve without compensation, and ex officio members shall receive no compensation for their services other than the fixed salary of their office. Members may be removed by the city council of the city only for inefficiency, neglect of duty, conviction of a felony under state or federal law, or malfeasance in office. SECTION 12-103 ORGANIZATION AND RULES The planning commission shall elect a chairman, a vice-chairman and a secretary- treasurer and may create and fill such other offices as it may deem necessary. The term of office shall be one year with eligibility for reelection. The planning commission shall designate a date for each month at which time the planning commission shall conduct a public hearing for business matters as determined. The planning commission shall adopt rules for the transaction of business and shall keep a record of its regulations, transactions, finding, and determinations, which record shall be a public record. SECTION 12-104 QUORUM Three (3) members of the planning commission shall constitute a quorum for the transaction of business. However, no action shall be taken which is binding upon the planning commission unless concurred in by not less than a majority of all members 3 comprising the planning commission. SECTION 12-105 POWERS AND DUTIES The planning commission shall prepare from time to time plans for the systematic development and betterment of the city as a place of residence or for business. It shall have the power and authority to employ clerks, attorneys, engineers and secretaries, or any other help deemed necessary, subject to approval of the mayor and city council of the city and salaries and compensation therefore shall be fixed by the city council of the city and be paid out of the treasury of the city as other officers and employees, and legal, necessary expenses incurred by the commission shall likewise be paid out of the treasury of the city, and shall have such other powers and be required to perform such other duties as set out in state statutes pertaining to buildings, zoning and city planning commissions. 4 CHAPTER 2 ZONING REGULATIONS Section 12-201 Zoning Regulations Adopted SECTION 12-201 ZONING REGULATIONS ADOPTED For the purposes of promoting the health, safety, and general welfare; and to encourage the development of the community, the Zoning Code of the City of Owasso, Oklahoma, referred to as the “Owasso Zoning Code” or “Zoning Code”, and the whole thereof, as full as if set out at length herein shall be controlling within the corporate limits of the City. The Owasso Zoning Code contains the following Chapters and Appendices: Chapter 1 Title, Purpose, Interpretation, and Jurisdiction Chapter 2 General Provisions Chapter 3 Agriculture District Provisions Chapter 4 Residential District Provisions Chapter 5 Office District Provisions Chapter 6 Commercial District Provisions Chapter 7 Industrial District Provisions Chapter 8 Public Facilities District Provisions Chapter 9 Planned Unit Developments Chapter 10 Overlay Districts Chapter 11 Site Design Standards Chapter 12 Off-Street Parking Requirements Chapter 13 Non-Conformities Chapter 14 Enforcement Chapter 15 Zoning Code and Zoning Map Amendments Chapter 16 Specific Use and Temporary Use Permits Chapter 17 Telecommunication Towers and Wind Energy Systems Chapter 18 Signs Chapter 19 Landscaping, Screening, and Fencing Requirements Chapter 20 Outdoor Lighting Chapter 21 Access Gates For Gated Communities Definitions Appendix A Owasso Planning Commission Appendix B Owasso Board of Adjustment (Ord. No. 883, 2/06/07; 978, 2/15/11; 1131, 6/19/18; 1152, 8/20/19) State Law Reference: City zoning powers, 11 O.S. Sections 43-101 et seq. Ed. Note: See Ordinance Table for ordinances amending zoning designations. 5 CHAPTER 3 SUBDIVISION REGULATIONS Section 12-301 Subdivision Regulations SECTION 12-301 SUBDIVISION REGULATIONS There is hereby adopted by the City Council of the City of Owasso, Oklahoma, for the purposes of promoting the health, safety, and general welfare; and to encourage the development of the community in accordance with the adopted Land Use Master Plan; a Code known as the Subdivision Regulations of the City of Owasso, Oklahoma, and the whole thereof, and the same are hereby adopted and incorporated as full as if set out at length herein and from and after the effective date of this Ordinance and all provisions thereof, shall be controlling, as set out therein within the corporate limits of the City. The City Manager shall from time to time promulgate additional Rules and Regulations for said Subdivision Regulations, or changes to existing Rules and Regulations for said Subdivision Regulations as considered necessary. The promulgation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agenda of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove proposed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and effect of law. (Ord. No. 310, 9/1/81; Ord. No. 480, 10/18/94; Ord. No. 931, 11/04/08) 6 CHAPTER 4 FLOOD DAMAGE PREVENTION Section 12-401 Findings of Fact Section 12-402 Statement of Purpose Section 12-403 Methods of Reducing Flood Losses Section 12-404 Definitions Section 12-405 Lands to Which Special Flood Hazard Applies Section 12-406 Basis for Establishing the Areas of Special Flood Hazard Section 12-407 Establishment of Development Permit Section 12-408 Compliance Section 12-409 Abrogation and Greater Restrictions Section 12-410 Interpretation Section 12-411 Warning and Disclaimer or Liability Section 12-412 Designation of the Floodplain Administrator Section 12-413 Duties and Responsibilities of the Floodplain Administrator Section 12-414 Permit Procedures Section 12-415 Variance Procedures Section 12-416 Provisions for Flood Hazard Reduction; General Standards Section 12-417 Provisions for Flood Hazard Reduction; Specific Standards Section 12-418 Standards for Subdivision Proposals Section 12-419 Standards for Areas of Shallow Flooding (AO/AH Zones) SECTION 12-401 FINDINGS OF FACT 1. The flood hazard areas of the City of Owasso, Oklahoma are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. (Ord. No. 367, 3/17/87; Ord. No. 799 11/16/94) SECTION 12-402 STATEMENT OF PURPOSE It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and 7 generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and 7. Insure that potential buyers are notified that property is in a flood area. (Ord. No. 367, 3/17/87; Ord. No. 799, 11/16/2004) SECTION 12-403 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this chapter uses the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; or 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. (Ord. No. 367, 3/17/87) SECTION 12-404 DEFINITIONS Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter it’s most reasonable application. The following terms as used herein will mean: 1. "Appeal" means a request for a review of the flood plain administrator's interpretation of any provision of this chapter or a request for a variance; 2. "Area of shallow flooding" means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) chance or greater annual chance of flooding to an average depth of one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where 8 velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; 3. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent (1%) or greater change of flooding in any given year. The area may be designated as zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V; 4. "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year; 5. "Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised; 6. "Development" means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations; 7. "Elevated building" means a non-basement building: a. Built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zones V1- 30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and pliers), or shear walls parallel to the floor of the water; and b. Adequately anchored so at not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood; In the case of zones A1-30, AI, A, A99, AO AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the Nation Flood Insurance Program regulations; 8. "Existing construction" means for the purpose of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures;" 9. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; or b. The unusual and rapid accumulation or runoff of surface waters from any 9 source; 10. "Flood Insurance Rate Map (FIRM)" means the official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the city; 11. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map; 12. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of flooding); 13. "Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards; 14. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities; 15. "Habitable floor" means any floor usable for the following purposes; which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used for storage purposes only is not a "habitable floor"; 16. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure; 17. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding; 18. "Levee system" means a flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices; 19. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations; 10 20. "Manufactured home" means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles; 21. "Mean sea level" means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which the base flood elevations shown on a community's flood insurance rate map are referenced; 22. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community; 23. "Start of construction" means for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation of basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or shed not occupied as dwelling units or not part of the main structure; 24. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home; 25. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. (Ord. No. 742, 3/18/03) 26. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: a. Before the improvement or repair is started; or b. If the structure has been damaged and is being restored, before the damage occurred; For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the 11 building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places; 27. "Variance" means a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. For full requirements see Section 60.6 of the National Flood Insurance Program regulations; 28. "Violation" means the failure of a structure of other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided; and 29. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, here specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ord. No. 367, 3/17/87) SECTION 12-405 LANDS TO WHICH SPECIAL FLOOD HAZARD APPLIES The provisions of this chapter shall apply to and govern the placement of structures and improvements and man-made changes of land, and the issuance of building permits or occupancy permits for property within the areas of special flood hazard in the city. (Ord. 367, 3/17/87; Ord. 815, 06/21/05) SECTION 12-406 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas,” dated April 16, 2003 with accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be part for this chapter. Copies for public review shall be available in the Community Development Department of the City. (Ord. No. 367, 3/17/87; Ord. No. 815, 06/21/05) SECTION 12-407 ESTABLISHMENT OF DEVELOPMENT PERMIT A development permit shall be required to ensure conformance with the provisions of this 12 chapter. (Ord. No. 367, 3/17/87) SECTION 12-408 COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations. (Ord. No. 367, 3/17/87) SECTION 12-409 ABROGATION AND GREATER RESTRICTIONS This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 367, 3/17/87) SECTION 12-410 INTERPRETATION In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor appeal any other powers granted under state statutes. (Ord. No. 367, 3/17/87) SECTION 12-411 WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 367, 3/17/87) SECTION 12-412 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The city's floodplain administrator is appointed to administer and implement the provisions of this chapter and other appropriate sections of 44 CRF (National Flood Insurance Program Regulations) pertaining to floodplain management. (Ord. No. 367, 3/17/87) SECTION 12-413 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the floodplain administrator shall include, but not be limited 13 to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter; 2. Review permit application to determine whether proposed building site will be reasonably safe from flooding; 3. Review, approve or deny all applications for development permits required by adoption of this chapter; 4. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required; 5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation; 6. Notify, in riverain situations, adjacent communities and the state coordinating agency which is the Oklahoma Water Resources Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; 8. When base flood elevation data has not been provided in accordance with Section 12-406, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Sections 12-416, 12-417 and 12-418 of this chapter; and 9. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (Ord. No. 367, 3/17/87) SECTION 12-414 PERMIT PROCEDURES 14 A. Application for a development permit shall be presented to the floodplain administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: 1. Elevation in relation to mean sea level, of the lowest floor, including basement, of all new and substantially improved structures; 2. Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; 3. A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the flood proofing criteria of Paragraph 2 of Section 12-417; 4. Description of the extent of which any watercourse or natural drainage will be altered or relocated as a result of proposed development; and 5. Maintain a record of all such information in accordance with Paragraph 1 of Section 12-413. B. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this chapter and the following relevant factors: 1. The danger to life and property due to flooding or erosion damage; 2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 3. The danger that materials may be swept onto other lands to the injury of others; 4. The compatibility of the proposed use with existing and anticipated development; 5. The safety of access to the property in times of flood for ordinary and emergency vehicles; 6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; 7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 8. The necessity to the facility of a waterfront location, where applicable; 15 9. The availability of alternative locations, not subject to flooding or erosion damage, for proposed use; and 10. The relationship of the proposed use to the comprehensive plan for that area. (Ord. No. 367, 3/17/87) SECTION 12-1415 VARIANCE PROCEDURES A. The appeal board, which is the board of adjustment of the city, shall hear and render judgment on requests for variances from the requirements of this chapter. B. The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this chapter. C. Any person or persons aggrieved by the decision of the appeal board may appeal such decision in the courts of competent jurisdiction. D. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. E. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this chapter. F. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (½) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Paragraph 2 of Section 12-414 have been fully considered. As the lot size increases beyond the one-half (½) acre, the technical justification required for issuing the variance increases. G. Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter as set out in Section 12-402 herein. H. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. I. Prerequisites for granting variances: 1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; 16 2. Variances shall only be issued upon: a. Showing a good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra- ordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and 3. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the costs of flood insurance will commensurate with the increased risk resulting from the reduced lowest floor elevation. J. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: 1. The criteria outline in Subsections A through I of this section are met; and 2. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. No. 367, 3/17/87) SECTION 12-416 PROVISIONS FOR FLOOD HAZARD REDUCTION; GENERAL STANDARDS In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: 1. All new construction or substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage; 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding; 17 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood water; and 7. On-site waste water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. No. 367, 3/17/87) SECTION 12-417 PROVISIONS FOR FLOOD HAZARD REDUCTION; SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 12-406, Paragraph 8 of 12-413 or Subsection D of 12-418, the following provisions are required: 1. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in Subsection A of Section 12-414 is satisfied; 2. Nonresidential construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation, in relation to mean sea level, to which such structures are flood proofed shall be maintained by the floodplains administrator; and 3. Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to the flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; 18 b. The bottom of all openings shall be no higher than one foot above grade; c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; and 4. Manufactured homes: a. All manufactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces; b. All manufactured homes shall be in compliance with paragraph 1 of this section; c. All manufactured homes to be placed or substantially improved within Zones A1-30, AH and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of this paragraph 4. (Ord. No. 367, 3/17/87) SECTION 12-418 STANDARDS FOR SUBDIVISION PROPOSALS A. All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Sections 12-401, 12-402 and 12-403 of this chapter. B. All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet development permit requirements of Sections 12-407, 12- 414 and the provisions of Sections 12-416 and 12-417. C. Base flood elevation data shall be generated for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to Sections 12-406 or 12-413(8) of this chapter. D. All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. E. All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (Ord. No. 367, 3/17/87) SECTION 12-419 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) 19 Located within the areas of special flood hazard established in Section 12-406 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); 2. All new construction and substantial improvements of nonresidential structures have the following: a. The lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); or b. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy; 3. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in paragraph 1 of this Subsection A of Section 12-414, are satisfied; and 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. (Ord. No. 367, 3/17/87) 20 CHAPTER 5 TAX INCREMENT FINANCING DISTRICTS Section 12-501 Owasso Redbud District – Increment District No. 1 SECTION 12-501 OWASSO REDBUD DISTRICT-INCREMENT DISTRICT NO. 1 1. In order to develop the eligible Project Area, the City elects to utilize Article 10, Section 6C of the Constitution of the State of Oklahoma and the Act, which authorize the use of local taxes for specific public investments and assistance in development financing, and which provide for the direction of apportionment of local taxes to plan, finance, and carry out development of unproductive, undeveloped, underdeveloped, or blighted areas as determined by the governing body of a city, town or county. 2. The Project Plan is hereby adopted and approved, as recommended by the Owasso Planning Commission and the Review Committee. As used herein “Owasso Redbud District Project Plan” or “Project Plan” shall mean the document dated December 20, 2016, and comprised of one cover sheet, six pages of text, four exhibits labeled Exhibits A, B, C, and D, and titled “Owasso Redbud District Project Plan.” 3. The membership of the Review Committee and all actions taken and all recommendations and findings made in connection with the Project Plan by the Review Committee and the Owasso Planning Commission are hereby ratified and confirmed. 4. For identification purposes, the name of the increment district, which is an ad valorem and sales tax increment district, shall be Increment District No. 1, City of Owasso. 5. Increment District No. 1 is hereby created as of the date of the adoption of this ordinance. 6. The boundaries of the Project Area and the boundaries of Increment District No. 1 are shown on Exhibit A of the Project Plan and are hereby designated and adopted as follows: Project Area and Increment District No. 1 Legal Description Section A Beginning at the southeast corner of Lot 6, Block 1 of the Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along said south lot line a distance of 57 feet, thence north along said lot line a distance of 283 feet, Thence west along south lot of said lot a distance of 490 feet, Thence north along said lot line a distance of 24 feet, Thence west along said lot line a distance of 41 feet, Thence north along said lot line a distance of 240.2 feet to the northwest corner of said Lot 6, Thence to a point 17.45 feet north and 50.26 feet west of northwest corner of said Lot 6, Thence west a distance of 393.5 feet to a point 149.63 feet south of the southwest corner of Lot 1, Block 1 of Owasso Industrial Parks Phase IV, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 332.1 feet to the Northwest corner of 21 said Lot 1, Block 1, Thence east a distance of 87.7 feet to a point on the north lot line of said Lot 1, Block 1, Thence north a distance of 255 feet to a point 165 feet south and 310 feet east of the southwest corner of Lot 5, Block 1 of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 310 feet to a point 165 feet south of said Lot 5, Block 1, Thence north a distance of 495 feet to the northwest corner of Lot 1, Block 1, of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 457.07 feet to the southwest corner of Lot 4, Block 34, Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, also a point on the east right-of-way line of the Southern Kansas Oklahoma Railroad right-of-way, Thence north along said railroad right-of way a distance of 994.2 feet, Thence continuing north along said railroad right-of-way a distance of 385.2 feet, Thence north a distance of 55 feet along the quarter section line to a point on the east right-of-way of said railroad, thence northwest along said railroad right-of-way a distance of 95.2 feet, Thence west a distance of 35.7 feet along said railroad right-of-way, Thence northwest along said railroad right-of-way a distance of 331.4 feet, Thence east a distance of 141.8 feet to a point on the east right-of-way of said railroad, also a point on the south right-of-way of West Broadway Street, Thence northwest along said railroad right-of-way a distance of 1213.8 feet to the to the northwest corner of Lot 11, Block 8, of Greenlees, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east along said north line of said subdivision a distance of 202.94 feet to the southwest corner of Lot 10, Block 5, of Starlane, a subdivision in the City of Owasso, Tulsa county, Oklahoma, Thence north along the west line of said Lot 10 a distance of 125 feet to the northwest corner of said Lot 10, also a point on the south right-of-way of West Third Street North, a street in the City of Owasso, Thence east along said right-of-way a distance of 885.1 feet to the northwest corner of Lot 4, Block 6, Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north along the east right-of-way of North Atlanta Street West a distance of 138.1 feet to the northwest corner of Lot 2, Block 3 of the said subdivision, Thence east a distance of 162.1 feet to the southeast corner of Lot 16, Block 2, of Crestview Estates, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 150 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence east 5 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence north 340.4 feet to the northeast corner of Lot 9, Block 2 of said subdivision, Thence east 18.73 feet to the southeast corner of Lot 1, Block 2 of said subdivision, Thence north along the east line of said Lot 1 a distance of 139.07 feet to the northeast corner of said lot, also a point on the south right-of-way line of West Fourth Street North, a street in the City of Owasso, Thence east along said south right-of-way line a distance of 121.2 to a point on the west right-of-way line of North Main Street, a street in the City of Owasso, Thence south along said west right-of-way line a distance of 305 feet, Thence east a distance of 75 feet to a point on the east right-of-way line of North Main Street, a street in the City of Owasso, Thence south along the said east right-of-way line a distance of 5 feet, Thence west 75 feet to a point on the west right-of-way of said street, Thence south along the said west right-of-way a distance of 95 feet, Thence east along said west right-of-way a distance of 5 feet, Thence south along said west right-of-way a distance of 80.38 feet, Thence east a distance of 70 feet to a point on the said east right-of-way line, Thence south along said east right-of-way a distance of 150 feet, also a point on the north line of Lot 2, Block 2, of Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east a distance 653.2 feet to the northeast corner of Lot 1, Block 1 of said subdivision, Thence south a distance of 453.85 feet to the southwest corner of Lot 13, Block 6, of Wilawood, a subdivision in the City of Owasso, Tulsa County, Oklahoma, 22 Thence east a distance of 1,190.2 feet to the southeast corner of Lot 15, Block 5 of said subdivision, also a point on the west right-of-way of the Mingo Valley Expressway, Thence south along said right-of-way a distance of 210 feet to northeast corner of Lot 1, Block 1, Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along east line of said Lot 1 a distance of 75.5 feet, Thence southwest a distance of 604.82 feet to the southeast corner of Lot 6, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along the south line of said Lot 6, a distance of 47.58 feet, Thence south along the right-of-way of Mingo Valley Expressway a distance of 161.4 feet, thence southwest along said right-of- way a distance of 235.4 feet, thence southwest along said right-of-way a distance 159.1 feet, Thence west along said right-of-way a distance of 208.3 feet, Thence south along said right-of-way a distance of 113.2 feet, Thence west 247.8 feet along said right-of-way to the southwest corner of Safeway, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south 110.56 feet to the northeast corner of Lot 1, Block 1, Dogwood Center, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along said lot east line a distance of 37.5 feet, Thence east a distance of 257 feet to the northeast corner of Lot 1, Block 2, Owasso Business Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along the east line of said lot a distance of 125 feet, Thence east along the north line of said lot a distance of 200 feet to the northeast corner of said Lot 1, Thence southwest a distance of 247.06 feet to the southeast corner of said Lot 1, Thence continuing southwest a distance of 42.94 feet to a point on the east line of Lot 4, Block 2, of said subdivision, Thence southwest a distance of 303.51 feet to the southeast corner of Lot 5, Block 2 of said subdivision, Thence east a distance of 163.68 feet to the southwest corner of Lot 2, Block 3, of said subdivision, Thence northeast a distance of 246.55 feet to a point on the west line of Lot 1, Block 3, of said subdivision, Thence north a distance of 250.56 feet to the northwest corner of said Lot 1, Thence southeast a distance of 35.49 feet to the northeast corner of said Lot 1, Thence southeast a distance of 455.7 feet to the southeast corner of Lot 2, Block 3 of said subdivision, also a point on the west right-of-way line of Mingo Valley Expressway, Thence southeast along the west right-of-way of Mingo Valley Expressway a distance of 93.2 feet, Thence southeast along the west right-of-way of Mingo Valley Expressway a distance of 225.1 feet, Thence south along west right-of-way of Mingo Valley Expressway a distance of 796.9 feet to a point on the south right-of-way line of Fifth Avenue, a street in the City of Owasso, Thence south along the west right-of-way of Mingo Valley Expressway a distance of 786.60 feet, Thence west a distance of 586.68 feet to the southeast corner of Lot 6, Block 1, Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, the Point of Beginning, containing 207 acres, more or less. And Section B Beginning at the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence southeast along said lot line a distance of 974.78 feet, Thence continuing southeast along the Southern Kansas Oklahoma railroad right-of-way a distance 619.4 feet to a point on the north right-of-way of East 76th Street North, a street in the City of Owasso, Thence continuing southeast along the said railroad right-of-way a distance of 88.7 feet to a point on the south right-of- way of East 76th Street North, Thence continuing southeast along the said railroad right-of- way a distance of 510.6 feet, thence east along said railroad right-of-way a distance of 23 19.6 feet to the east line of the N/2 NW/4 of Section 31, T-21-N, R-13-E, Thence south a distance of 785.3 feet to the SE corner of said N/2 NW/4, Thence west along the south line of said N/2 NW/4 a distance of 2,633.6 feet to a point on the east right-of-way of North Mingo Road, a street in Tulsa County, Thence north along said east right-of-way of North Mingo Road a distance of 1261.4 feet to a point on the south right-of-way of East 76th Street North, Thence east along said south right-of-way line a distance of 1318.1 feet, Thence north along said south right-of-way line a distance of 10.00 feet, Thence east along said south right-of-way line a distance of 215.0 feet, Thence north a distance of 300 feet, Thence east a distance of 148 feet to a point on the west line of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north along the west line of said Lot 1 a distance of 1150.6 feet to the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, the Point of Beginning, containing 94 acres, more or less. 7. The City Council hereby finds and determines: A.That part of the Project Area, including Increment District No. 1, is within an enterprise area as defined by the Act; B.That the Project Area, including Increment District No. 1, is a reinvestment area as defined by the Act; C.That the financial impacts of the Project Plan and Project on the affected taxing jurisdictions and business activities within Increment District No. 1 are positive and that the economic benefits for the community as a whole offset any adverse impacts; D.That the improvement of the Project Area is likely to enhance the value of other real property in the area and to promote the general public interest; E.That the Project Plan complies with the guidelines of 62 O.S. §852, including specifically paragraphs 1 and 2; F.That the aggregate net assessed value of the taxable property in all increment districts within the City, as determined pursuant to the Act, does not exceed 35% of the total net assessed value of the taxable property within the City; G.That the aggregate net assessed value of the taxable property in all increment districts within the City, as determined pursuant to the Act, does not exceed 25% of the total net assessed value of any affected school districts located within the City; H.That the land within all increment districts within the City does not exceed 25% of the total land area of the City; and I.That the Project Plan is feasible and conforms to the GrOwasso 2030 Land Use Master Plan. 8. The following Project and Increment District No. 1 authorizations are hereby approved: 24 A.The City is designated as the principal entity responsible for implementation and is authorized to carry out and administer the provisions of the Project Plan and to exercise all powers necessary or appropriate thereto pursuant to Section 854 of the Act, and the City reserves the power to make minor amendments to the Project Plan in accordance with Section 858(D) of the Act. Changes in project costs incurred pursuant to Section VIII(B) of the Project Plan (those not to be financed with apportioned tax increments) do not require an amendment; and B.The Owasso Public Works Authority, a public trust with the City as its sole beneficiary, shall have the authority to carry out certain provisions of the Project Plan, including the authority to: (1) issue tax apportionment bonds or notes, or both; (2) pledge revenues from current and future fiscal years to repayment; (3) incur Project Costs pursuant to Section VIII of the Project Plan; (4) provide funds to or reimburse the City for the payment of project costs and other costs incurred in support of the implementation of the Project; and (5) incur the cost of issuance of bonds for payment of such costs and to accumulate appropriate reserves, if any, in connection with them; and C.The City Manager in office shall be the person in charge of implementation of the Project Plan in accordance with the provisions, authorizations, and respective delegations of responsibilities contained in the Project Plan. 9. The sales tax increment is a portion of the City’s sales taxes generated within Increment District No. 1, to be determined by a formula to be approved by resolution of the City Council in accordance with the Act. The ad valorem increment is the ad valorem revenue in excess of the revenue generated by the base assessed value of Increment District No. 1 (as determined by the Tulsa County Assessor in accordance with the Act), i.e., the new revenue attributable to increases in the value of property within Increment District No. 1. 10. The increment of the taxes generated by Increment District No. 1 may be used to pay project costs authorized by Section VIII of the Project Plan for a period not to exceed twenty-five (25) years from the effective date of Increment District No. 1, as provided by law, or the period required for payment of the project costs authorized by Section VIII of the Project Plan, whichever is less. 11. During the period of apportionment, the tax apportionment fund (a) shall be available to pay project costs under Section VIII of the Project Plan, (b) shall constitute special funds of the City or, at the direction of the City, the Owasso Public Works Authority, a public trust, and (c) shall not be subject to annual appropriation as a part of the general fund of the City. 12. Pursuant to Section 6C of Article X of the Constitution of the State of Oklahoma and the Act, the direction of apportionment shall continue beyond the current fiscal year for the duration of Increment District No. 1 or the period required for the payment of project costs authorized by the Project Plan, whichever is less. 13. The Project Plan is hereby determined to be desirable and is approved. 25 Adopted December 20, 2016 OWASSO REDBUD DISTRICT PROJECT PLAN INCREMENT DISTRICT NO. 1, CITY OF OWASSO PREPARED BY: THE CITY OF OWASSO, OKLAHOMA WITH THE ASSISTANCE OF: CENTER FOR ECONOMIC DEVELOPMENT LAW 301 North Harvey, Suite 100 Oklahoma City, Oklahoma 73102 (405) 232-4606 econlaw@econlaw.com OWASSO REDBUD DISTRICT PROJECT PLAN I.INTRODUCTION The Owasso Redbud District Project Plan is a project plan as defined under the Oklahoma Local Development Act, 62 O.S. §850, et seq., and is referred to here as the “Project Plan.” The project is being undertaken by the City of Owasso, Oklahoma (“City”) to develop the area surrounding Main Street, known as the Redbud District, achieve the City’s development objectives, improve the quality of 26 life for its citizens, stimulate private investment, and enhance the tax base. At the heart of this project is the creation of the Redbud District as a special and unique place within Owasso, a place to live, work, shop, and play. Beginning with the Downtown Master Plan in 2001, the City has prioritized the revival of its Main Street and surrounding area. Since that time, through several planning documents, including approval of the Downtown Overlay District promoting smart development in the area, and robust branding, the Redbud District is ripe for its transformation. The City, through this Project Plan, is continuing its effort to revive its downtown and make the Redbud District a destination area for residents and visitors. The effort to create such a place requires public assistance to stimulate private development. This Project Plan is a critical element in fostering public-private partnerships to create the type of development that the City seeks but can achieve only by means of the financing tools available under the Oklahoma Local Development Act, including tax increment financing. An increment district provides funding for public sector costs to stimulate private development and provide improvements to and beautification of the area to create the dense, high-quality development that the City contemplates. The project will be financed from a combination of public and private sources, including apportionment of ad valorem and sales tax increments from Increment District No. 1, City of Owasso. II.BOUNDARIES OF PROJECT AREA AND INCREMENT DISTRICT The Project Area is the area in which project activities will take place and is generally located within the following boundaries: beginning at the western terminus of North Carlsbad Street, east along West 3rd Street to the east side of North Atlanta Street, north one lot, then east one lot, then north to West 4th Street, then east along West 4th Street to North Main Street, south to one lot north of West 3rd Street, then east along West 3rd Street to one lot before Cedar Street, south to East 2nd Street, then east along East 2nd Street to the west Owasso Expressway service road, then south along Owasso Expressway to East 71st Street, west generally along East 71st Street to South Main Street, north to West 5th Avenue, west to North Mingo Road, north along Mingo Road to West 2nd Avenue (E 76th St N), east along West 2nd Avenue to the western side of the Owasso Sertoma Center, north to the railroad tracks, then across the railroad tracks back to North Carlsbad Street and West 3rd Street. The Increment District is designated Increment District No. 1, City of Owasso, and is the area from which the increment is generated. Increment District No. 1 is the same area as the Project Area. The Project Area and Increment District No. 1 boundaries are depicted on Exhibit A. The Project Area and Increment District No. 1 boundaries are described on Exhibit B. 27 III.ELIGIBILITY OF PROJECT AREA Most of the Project Area is an enterprise area, as defined by the Oklahoma Local Development Act. It lies within an enterprise zone, designated by the Oklahoma Department of Commerce to be a disadvantaged portion of the City of Owasso. All of the Project Area is a reinvestment area, as defined by the Oklahoma Local Development Act. Public improvements are required to reverse economic stagnation or decline, to serve as a catalyst for expanding employment, to attract investment, and to preserve and enhance the tax base. Investment, development, and economic growth in the area are difficult, but possible if the provisions of the Oklahoma Local Development Act are used. The Project Area is unproductive, undeveloped, underdeveloped, or blighted within the meaning of Article 10, §6C of the Oklahoma Constitution, and suffers from conditions inhibiting development. IV.OBJECTIVES The principal objectives of the project and Increment District No. 1 are: A.To achieve development goals and objectives for the Redbud District contained in the Downtown Master Plan, the Downtown Overlay District Plan, and the GrOwasso 2030 Land Use Master Plan. B.To preserve and enhance the tax base and make possible investment, development, and economic growth that would otherwise be difficult without the project and the apportionment of incremental ad valorem and sales tax revenues. C.To support the creation of attractive, high-quality, and viable mixed-use developments to draw residents and visitors. D.Where appropriate, to support the development, improvement, and/or expansion of light industry to increase employment. E.To encourage existing property and business owners in the Redbud District to invest and to attract new investment and business to the Project Area. F.To provide start-up and incubator space to new and expanding businesses and to promote small-business-friendly opportunities for innovation and collaboration in the Project Area. G.To stimulate and promote the Redbud District as a walkable, vibrant destination. H.To provide a public benefit through the construction of public infrastructure and improvements to allow for the development of the area. V.STATEMENT OF PRINCIPAL ACTIONS Implementation actions for the project, including all necessary, appropriate and supportive steps, will consist principally of the following: 28 A.Project planning, design and approval. B.Public infrastructure improvements. C.Development of mixed-use projects, as well as retail, restaurant, residential, and office projects. D.Enhancement of existing businesses and encouragement of new businesses. E.Creation of start-up and incubator spaces for new and expanding businesses. VI.ESTABLISHMENT OF INCREMENT DISTRICT NO. 1, CITY OF OWASSO A.This Project Plan creates Increment District No. 1, City of Owasso, an ad valorem and sales tax increment district. B.The sales tax increment is a portion of the City’s sales taxes generated within Increment District No. 1, to be determined by a formula to be approved by resolution of the Owasso City Council in accordance with the Oklahoma Local Development Act. C.The ad valorem increment is the ad valorem revenue in excess of the revenue generated by the base assessed value of Increment District No. 1 (as determined by the Tulsa County Assessor in accordance with the Oklahoma Local Development Act), i.e., the new revenue attributable to increases in the value of property within Increment District No. 1. D.The ad valorem and sales tax increment may be used to pay Project Costs authorized by Section VIII of this Project Plan for a period not to exceed twenty-five (25) fiscal years from the effective date of Increment District No. 1, as provided by law, or the period required for payment of the Project Costs authorized by Section VIII, whichever is less. During the period of apportionment, the tax apportionment fund (1) shall be available to pay Project Costs under Section VIII, (2) shall constitute special funds of the City, or, at the direction of the City, the Owasso Public Works Authority, a public trust, or another public entity designated by the City, and (3) shall not be subject to annual appropriation as a part of the general fund of the City. VII.PROJECT AND INCREMENT DISTRICT AUTHORIZATIONS A.The City is designated and authorized as the principal public entity to carry out and administer the provisions of this Project Plan and to exercise all powers necessary or appropriate thereto as provided in the Oklahoma Local Development Act, 62 O.S. §854. B.The Owasso Public Works Authority (OPWA), or another public entity designated by the City pursuant to Section VI, is authorized and designated to carry out implementation actions for the project, including all necessary, appropriate, and supportive steps pursuant to development agreements with private developers. Such public entity is also authorized and designated to carry out those provisions of the project related to issuance of bonds or notes as provided in Sections 854(B) and 863 of the Oklahoma Local Development Act, subject to approval of the governing body of the City of any 3 specific notes or bonds. OPWA is authorized to assist in carrying out this Project Plan and to exercise all powers necessary or appropriate thereto pursuant to Section 854 of the Oklahoma Local Development Act, except for approval of this Project Plan and those powers enumerated in paragraphs 1, 2, 3, 4, 7, 13 and 16 of Section 854. As a public entity designated by the City, OPWA or another public entity designated by the City is authorized to: (1) issue tax apportionment bonds or notes, or both; (2) pledge revenues from current and future fiscal years to repayment; (3) incur Project Costs pursuant to Section VIII of this Project Plan; (4) provide funds to or reimburse the City for the payment of Project Costs and other costs incurred in support of the implementation of the project; and (5) incur the cost of issuance of bonds for payment of such costs and to accumulate appropriate reserves, if any, in connection with them. Project Costs shall mean (a) the public costs authorized to be paid pursuant to Section VIII of this Project Plan, and (b) costs necessary or appropriate to implement this Project Plan other than costs authorized by Section VIII, which may be authorized without amendment to this Project Plan. C.The City Manager, Warren Lehr, or his successor in office shall be the person in charge of implementation of the Project Plan in accordance with the provisions, authorizations, and respective delegations of responsibilities contained in this Project Plan. VIII.BUDGET OF ESTIMATED PROJECT COSTS TO BE FINANCED BY TAXES APPORTIONED FROM INCREMENT DISTRICT NO. 1, CITY OF OWASSO A.The Project Costs will be financed by the apportionment of ad valorem and sales tax increments from Increment District No. 1. The Project Costs categories are: Assistance in Development Financing $ 13,800,000.00 Public Infrastructure, Facilities, and Improvements $ 3,000,000.00 Implementation and Administration $ 200,000.00 TOTAL Project Costs $ 17,000,000.00 Plus any financing costs, costs of issuance, necessary or appropriate reserves, and interest on repayment of Project Costs. B.Additional costs necessary or appropriate to implement this Project Plan that are to be financed by other than apportioned tax increments may be approved by the City at any time. The provisions of this Section VIII are not a limitation on Project Costs to be financed by other than apportioned tax increments. C.Assistance in Development Financing will be provided only for projects that are determined, in the City’s and/or OPWA’s discretion: (1) to meet the City’s approved development goals and objectives for the Project Area, as expressed from time to time in the City’s plans and policies, and (2) to provide adequate consideration and public benefit in return for the public investment. 4 IX.FINANCING PLAN AND REVENUE SOURCES A.Financing Plan. Some public improvements, in anticipation of private investment, will be funded by the City from sources other than apportioned tax increments, which may be reimbursed once increment is generated by the development within Increment District No. 1. Private developers within the Project Area may be required to construct the necessary improvements for specific projects at their initial expense. The financing of private developments will be provided by private equity and private financing. Most Project Costs incurred in connection with the implementation of the Project Plan will be financed on a pay-as-you-go basis. B.Financing Authorizations. Without assistance, development of this type and on this scale within the Project Area would not occur. The implementation of the Project Plan shall be financed in accordance with financial authorizations, authorized from time to time by the City. C.Financing Revenue Sources. The revenue sources expected to finance Project Costs authorized by Section VIII are the incremental ad valorem and sales tax revenues attributable to investment and development within Increment District No. 1. D.Financial Reports and Audits. The development activities undertaken by the City, pursuant to this Project Plan, shall be accounted for and reported by the appropriate and necessary annual fiscal year audits and reports. E.Other Necessary and Supporting Costs. OPWA or another public entity designated by the City pursuant to Section VI, is authorized to issue bonds and notes and to apply for and obtain grants from other sources for costs incurred or to be incurred in connection with the project and the construction of improvements therein in addition to Project Costs to be financed pursuant to Section VIII. X.PRIVATE AND PUBLIC INVESTMENTS EXPECTED FOR THE PROJECT A.Private and Public Investments Expected from the project and Increment District No. 1. The total private investment in the Project Area if fully realized is estimated to exceed $100,000,000.00. Private investment in Increment District No. 1 is expected to consist of new mixed-use developments, expansion of existing businesses, creation of new businesses, development of new retail, restaurant, residential, and office projects, and light industrial development (where appropriate). Public investment will include public infrastructure improvements and assistance in development financing to support private investment and enhance new and existing businesses. 5 B.Public Revenue Estimated to Accrue from the Project and Increment District No. 1. The estimated incremental increases in tax revenue, which will serve as the revenue source for financing the Project Costs authorized by Section VIII, is the public revenue directly attributable to the project described herein. Both the City and the State will experience increases in tax revenues that are not a part of Increment District No. 1. Ad valorem taxing entities will experience additional revenues from increasing values within the surrounding area but outside of Increment District No. 1. Incremental sales tax revenues are estimated to range between $35,000 and $75,000 annually. Incremental ad valorem revenues are estimated to range between $280,000 and $1,350,000 annually. Total incremental revenues estimated to be generated over the 25-year lifespan of Increment District No. 1 range between $18,000,000 and $25,000,000. The developments anticipated by the project will not result in a measurable increase in demand for services by or in costs to the affected taxing entities. The economic benefits of the project for the affected taxing jurisdictions indicate positive financial impacts for the entire community. The aggregate impacts from implementation of the Project Plan are positive and include the achievement of the objectives set forth in Section IV. XI.LAND USE Existing uses and conditions of real property in Increment District No. 1 are shown on the attached Exhibit C. A map showing the proposed improvements to and proposed uses of the real property in Increment District No. 1 is attached Exhibit D. Implementation of the Project Plan requires no changes to the GrOwasso 2030 Land Use Master Plan or zoning. The Project Plan complies with the objectives and priorities of the GrOwasso 2030 Land Use Master Plan. 6 Exhibit A Project Area and Increment District No.1 Boundaries A B Exhibit B Project Area and Increment District No. 1 Boundaries Legal Description Section A Beginning at the southeast corner of Lot 6, Block 1 of the Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along said south lot line a distance of 57 feet, thence north along said lot line a distance of 283 feet, Thence west along south lot of said lot a distance of 490 feet, Thence north along said lot line a distance of 24 feet, Thence west along said lot line a distance of 41 feet, Thence north along said lot line a distance of 240.2 feet to the northwest corner of said Lot 6, Thence to a point 17.45 feet north and 50.26 feet west of northwest corner of said Lot 6, Thence west a distance of 393.5 feet to a point 149.63 feet south of the southwest corner of Lot 1, Block 1 of Owasso Industrial Parks Phase IV, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 332.1 feet to the Northwest corner of said Lot 1, Block 1, Thence east a distance of 87.7 feet to a point on the north lot line of said Lot 1, Block 1, Thence north a distance of 255 feet to a point 165 feet south and 310 feet east of the southwest corner of Lot 5, Block 1 of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 310 feet to a point 165 feet south of said Lot 5, Block 1, Thence north a distance of 495 feet to the northwest corner of Lot 1, Block 1, of Ivadel, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west a distance of 457.07 feet to the southwest corner of Lot 4, Block 34, Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, also a point on the east right-of-way line of the Southern Kansas Oklahoma Railroad right-of-way, Thence north along said railroad right-of way a distance of 994.2 feet, Thence continuing north along said railroad right-of-way a distance of 385.2 feet, Thence north a distance of 55 feet along the quarter section line to a point on the east right-of-way of said railroad, thence northwest along said railroad right-of-way a distance of 95.2 feet, Thence west a distance of 35.7 feet along said railroad right-of-way, Thence northwest along said railroad right-of-way a distance of 331.4 feet, Thence east a distance of 141.8 feet to a point on the east right-of-way of said railroad, also a point on the south right-of-way of West Broadway Street, Thence northwest along said railroad right-of-way a distance of 1213.8 feet to the to the northwest corner of Lot 11, Block 8, of Greenlees, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east along said north line of said subdivision a distance of 202.94 feet to the southwest corner of Lot 10, Block 5, of Starlane, a subdivision in the City of Owasso, Tulsa county, Oklahoma, Thence north along the west line of said Lot 10 a distance of 125 feet to the northwest corner of said Lot 10, also a point on the south right-of-way of West Third Street North, a street in the City of Owasso, Thence east along said right-of-way a distance of 885.1 feet to the northwest corner of Lot 4, Block 6, Owasso Original Town, a subdivision in the City of 1 Owasso, Tulsa County, Oklahoma, Thence north along the east right-of-way of North Atlanta Street West a distance of 138.1 feet to the northwest corner of Lot 2, Block 3 of the said subdivision, Thence east a distance of 162.1 feet to the southeast corner of Lot 16, Block 2, of Crestview Estates, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north a distance of 150 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence east 5 feet to a point on the east line of Lot 14, Block 2 of said subdivision, Thence north 340.4 feet to the northeast corner of Lot 9, Block 2 of said subdivision, Thence east 18.73 feet to the southeast corner of Lot 1, Block 2 of said subdivision, Thence north along the east line of said Lot 1 a distance of 139.07 feet to the northeast corner of said lot, also a point on the south right-of-way line of West Fourth Street North, a street in the City of Owasso, Thence east along said south right-of-way line a distance of 121.2 to a point on the west right-of-way line of North Main Street, a street in the City of Owasso, Thence south along said west right-of-way line a distance of 305 feet, Thence east a distance of 75 feet to a point on the east right-of-way line of North Main Street, a street in the City of Owasso, Thence south along the said east right- of-way line a distance of 5 feet, Thence west 75 feet to a point on the west right-of-way of said street, Thence south along the said west right-of-way a distance of 95 feet, Thence east along said west right-of-way a distance of 5 feet, Thence south along said west right-of-way a distance of 80.38 feet, Thence east a distance of 70 feet to a point on the said east right-of-way line, Thence south along said east right-of-way a distance of 150 feet, also a point on the north line of Lot 2, Block 2, of Owasso Original Town, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east a distance 653.2 feet to the northeast corner of Lot 1, Block 1 of said subdivision, Thence south a distance of 453.85 feet to the southwest corner of Lot 13, Block 6, of Wilawood, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence east a distance of 1,190.2 feet to the southeast corner of Lot 15, Block 5 of said subdivision, also a point on the west right-of-way of the Mingo Valley Expressway, Thence south along said right- of-way a distance of 210 feet to northeast corner of Lot 1, Block 1, Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along east line of said Lot 1 a distance of 75.5 feet, Thence southwest a distance of 604.82 feet to the southeast corner of Lot 6, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence west along the south line of said Lot 6, a distance of 47.58 feet, Thence south along the right-of-way of Mingo Valley Expressway a distance of 161.4 feet, thence southwest along said right-of-way a distance of 235.4 feet, thence southwest along said right-of-way a distance 159.1 feet, Thence west along said right-of-way a distance of 208.3 feet, Thence south along said right-of-way a distance of 113.2 feet, Thence west 247.8 feet along said right-of-way to the southwest corner of Safeway, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south 110.56 feet to the northeast corner of Lot 1, Block 1, Dogwood Center, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along said lot east line a distance of 37.5 feet, Thence east a distance of 257 feet to the 2 northeast corner of Lot 1, Block 2, Owasso Business Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence south along the east line of said lot a distance of 125 feet, Thence east along the north line of said lot a distance of 200 feet to the northeast corner of said Lot 1, Thence southwest a distance of 247.06 feet to the southeast corner of said Lot 1, Thence continuing southwest a distance of 42.94 feet to a point on the east line of Lot 4, Block 2, of said subdivision, Thence southwest a distance of 303.51 feet to the southeast corner of Lot 5, Block 2 of said subdivision, Thence east a distance of 163.68 feet to the southwest corner of Lot 2, Block 3, of said subdivision, Thence northeast a distance of 246.55 feet to a point on the west line of Lot 1, Block 3, of said subdivision, Thence north a distance of 250.56 feet to the northwest corner of said Lot 1, Thence southeast a distance of 35.49 feet to the northeast corner of said Lot 1, Thence southeast a distance of 455.7 feet to the southeast corner of Lot 2, Block 3 of said subdivision, also a point on the west right-of-way line of Mingo Valley Expressway, Thence southeast along the west right-of-way of Mingo Valley Expressway a distance of 93.2 feet, Thence southeast along the west right-of-way of Mingo Valley Expressway a distance of 225.1 feet, Thence south along west right-of-way of Mingo Valley Expressway a distance of 796.9 feet to a point on the south right-of-way line of Fifth Avenue, a street in the City of Owasso, Thence south along the west right-of-way of Mingo Valley Expressway a distance of 786.60 feet, Thence west a distance of 586.68 feet to the southeast corner of Lot 6, Block 1, Owasso Industrial Park, a subdivision in the City of Owasso, Tulsa County, Oklahoma, the Point of Beginning, containing 207 acres, more or less. And Section B Beginning at the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence southeast along said lot line a distance of 974.78 feet, Thence continuing southeast along the Southern Kansas Oklahoma railroad right-of-way a distance 619.4 feet to a point on the north right-of-way of East 76 th Street North, a street in the City of Owasso, Thence continuing southeast along the said railroad right-of-way a distance of 88.7 feet to a point on the south right-of-way of East 76 th Street North, Thence continuing southeast along the said railroad right-of-way a distance of 510.6 feet, thence east along said railroad right-of-way a distance of 19.6 feet to the east line of the N/2 NW/4 of Section 31, T-21-N, R-13-E, Thence south a distance of 785.3 feet to the SE corner of said N/2 NW/4, Thence west along the south line of said N/2 NW/4 a distance of 2,633.6 feet to a point on the east right-of-way of North Mingo Road, a street in Tulsa County, Thence north along said east right-of-way of North Mingo Road a distance of 1261.4 feet to a point on the south right- of-way of East 76 th Street North, Thence east along said south right-of-way line a distance of 1318.1 feet, Thence north along said south right-of-way line a distance of 10.00 feet, Thence 3 east along said south right-of-way line a distance of 215.0 feet, Thence north a distance of 300 feet, Thence east a distance of 148 feet to a point on the west line of Lot 1, Block 1, Atchison Topeka & Santa Fe, a subdivision in the City of Owasso, Tulsa County, Oklahoma, Thence north along the west line of said Lot 1 a distance of 1150.6 feet to the northwest corner of Lot 1, Block 1, Atchison Topeka & Santa Fe, the Point of Beginning, containing 94 acres, more or less. 4 Exhibit C Existing Uses and Conditions Planning, Zoning and Development Exhibit D Proposed Improvements and Uses Page 12-6