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HomeMy WebLinkAbout1236_OZ 25-04 Rezoning_405 West 2nd AveTulsa County Clerk- MICHAEL WILLIS r '- • b� Doc #: 2025066404 Page(s): 3 07/20/2025 03:28:07 PM Receipt #: 2025-45507 ktn HoM Fees: $22.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1236 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 25-04 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described as 405 West 2nd Avenue, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the rezoning of the property referenced in Application OZ 25-04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as 405 West 2nd Avenue, said tract more particularly described as follows: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUERTER (SW/4) OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE AMENDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, THENCE N 8905914" W FOR 148.00 FEET, THENCE N 00007'56" W FOR 300.00 FEET, THENCE S 89059'14" E FOR 148.00 FEET, THENCE S 00007'56" E AND ALONG THE WEST LINE OF SAID "AMENDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE" FOR 300.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.019 ACRES, MORE OR LESS The same is hereby rezoned from Commercial General (CG) to Industrial Light (IL) SECTION 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Ordinance 1236 Page 1 of 3 SECTION S. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED_ID{AADOPTED this 15th day of July, 2025. Alvin Fruga, Mayor ATTEST: Jul' nn M. Steve . @it v (SEAL) osrzmAL EAL AS TO FOR 4 Julie I,A Pnbardi,'City Attorney Ordinance 1236 Page 2 of 3 1 F' :4- . t�� �. *fit t,,Sjt �y liVfl�l„_�I' �' ^ it . SUBJECT TRACT 4'l A4 F -S-F 2, .4; �6 "A -R _j A 4, REV ? 1A Note: Graphic overlays may not precisely align with physical Subject 0 100 200 400 features on the ground. Tract OZ 25-04 1 1 1 1 3021-14 Aerial Photo Date, 2023 Feet a TO: FROM: The Honorable Chair and Trustees Owasso Public Works Authority (OPWA) Carly Novozinsky, Finance Director SUBJECT: Owasso Redbud District and Increment District No. 1 Development and Financing Agreement Covenant Agreement Joint Resolution DATE: July 11, 2025 BACKGROUND: APPROVED BY TRUSTEES JUL 15 2025 In December 2016, the OPWA created the Tax Increment Financing (TIF) District in the downtown Owasso Redbud District area. On April 4, 2017, the OPWA adopted a Policy Guide for the processing of TIF Assistance in Development Financing applications. The Policy Guide includes the process for application and approval of Development Project Assistance. A developer seeking assistance submits an application to the Application Review Committee. The Committee reviews the application for compatibility with the Project Plan and the Downtown Overlay District Plan, evaluates the qualifications of the applicant, and recommends appropriate performance parameters and requirements. Upon recommendation by the Committee, the development agreement is presented to the OPWA for consideration and approval. PROJECT DETAILS: An application has been received from West Family Development, LLC, for development assistance on a project located on Main Street, between Broadway Street and 1 st Street. The proposed project is the development of a unique mixed -use building that includes construction of a new 20,000 square foot public library on the lower floor, and 50,000 square feet of residential apartments on the upper floor. Also included is the necessary parking, access points, and public improvements. Upon completion of the project, the public library portion of the development will be sold by West Family Development, LLC to the Tulsa City -County Library (TCCL). Due to the public -private nature of this development, only the private portion is being considered for development assistance. The public portion of the project will be exempt from ad valorem taxes, making it ineligible to receive development assistance in the form provided by in the TIF Policy Guide. The project appears to meet the criteria set forth in the adopted TIF Project Plan and also to meet the requirements outlined in the adopted Owasso Redbud District and Increment District No. I Policy Guide. Per the Project Plan and Policy Guide, the applicant would be eligible to receive reimbursement of 10% of actual hard construction costs. Reimbursement will be provided through 90% of the ad valorem taxes assessed and received by the City for the subject development. The proposed Development and Financing Agreement also establishes an annual minimum ad valorem payment to be made by the developer. Should the amount billed to the developer by the Tulsa County Assessor be less than $108,512 in any given year, the OPWA will bill the developer TIF Page 2 for the difference. The establishment of the minimum ad valorem payment provides protection to the City and the OPWA in case the assessed value of the project is lower than is anticipated by the developer. The application anticipates construction costs of $11,130,000 for the private portion of the development, resulting in development assistance of $1,113,000. The proposed Development and Financing Agreement further outlines obligations of the City and the developer as required in approved TIF documents. COVENANT AGREEMENT: Due to the unique nature of the proposed development, a Covenant Agreement, in addition to the Development and Financing Agreement, is being proposed. The proposed Covenant Agreement would be filed with Tulsa County and obligates the developer, and any future owner, to pay the minimum ad valorem payment. This ensures that even if the development is sold to a new owner, the minimum ad valorem payment would still be received. APPLICATION REVIEW COMMITTEE: On May 19, 2025, the Review Committee met and voted unanimously to recommend approval to the OPWA, finding that the project is eligible to receive TIF assistance. JOINT RESOLUTION: In connection with the proposed development, TCCL has requested assistance from the City with the relocation of a sanitary sewer line. This line must be relocated before construction can begin on the proposed development. As outlined in the proposed Joint Resolution, TCCL will facilitate the relocation of the sanitarysewer line. Upon completion, it is proposed that the OPWA would reimburse TCCL for $150,000 of the costs associated with the relocation. Funding for the reimbursement is available from increment revenues in the OPWA TIF Fund. APPLICATION REVIEW COMMITTEE: On June 25, 2025, the Review Committee voted unanimously to recommend approval to the OPWA, finding that the project is eligible to receive reimbursement through TIF assistance. RECOMMENDATION: Staff recommends approval of the Development and Financing Agreement with West Family Development, LLC, and authorization to execute all necessary documents, pending the submission of a revised legal description once the needed right-of-way closure is full executed. Staff recommends approval of the Covenant Agreement with West Family Development, LLC, and authorization to execute all necessary documents, pending the submission of a revised legal description once the needed right-of-way closure is fully executed. Staff recommends approval of Joint Resolution 2025-03 with the City -County Library Commission of Tulsa County, and authorization to execute all necessary documents. TIF Page 3 ATTACHMENTS: Development and Financing Agreement with West Family Development, LLC Covenant Agreement with West Family Development, LLC Resolution 2025-03 TULSAWORLD See Proof on Next AFFIDAVIT OF PUBLICATION I Page Tulsa World 315 S. Boulder Ave., Tulsa, OK 74103 (918) 582-0921 I, Rachel Cozart, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of Tulsa World, a publication that is a "legal newspaper" as that phrase is defined for the city of Tulsa, for the County of Tulsa, in the state of Oklahoma, that this affidavit is Page 1 of 2 with the full text of the sworn -to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: Publication Dates: • Jul 19, 2025 Notice ID: VPFinAt32TiOkCQ7M347 Notice Name: 1236 ORDINANCE West 2nd Publication Fee: $66.34 I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. RAcAel Cozart Agent SHARONN E THOMAS-POPE NOTARY PUBLIC VERIFICATION STATE OF NEW JERSEY State of New Jersey My Commission Expires January 23, County of Camden Signed or attested before me on this: 07/23/2025 %"t f . (�- k Notary Public Notarized remotely online using communication technology via Proof. 1236 ORDINANCE West 2nd I Page 1 of 2 Published in the Tulsa World, Tulsa, Tulsa County, Oklahoma, July 19,2025 CITY OF OWASSO, OKLAHOMA ORDINANCE 1236 AN ORDINANCE AP- PROVING ZONING APPLICATION NUMBER OZ_25-04 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning of the pproperty herein described as 405 West 2nd Avenue, and WHEREAS, the i7wasso City Council has considered the recommendation of the Owasso PIanppi nnppg Comm Ission and all statements for or against the rezoning of ITORDtheAINEOrBYTHE COUNCIL iOFrTHECITY OFOWon OZ 25-04. NOWS SO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as 405 West 2nd Avenue, said tract more par- ticularly described as follows: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER (SW/4) OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE AMENDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORD- ED PLATTHEREOF, THENCE N 89"59'14' W FOR 148.000 FEET, THENCE N 00°07'56' W FOR 3 00. 00 FEET, THENCE S 89°59'14" E FOR 14B.00 FEET, THENCE S DO°0756" EAND ALONG THE WEST LINE of SAID "AMENDED P LAT 0 F ATC H I SO N, TOPEKA, AND SANTA FE" FOR 300.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.019 ACRES, MORE OR LESS The same is hereby rezoned from Commercial General (CG) to Industrial Light (IL). SECTION 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 3. If any part or parts of this ordinance are deemed unconsti- tutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 5. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED AND ADOPTED this 15th day of July, 2025. /s/Alvin Fruga, Mayor ATTEST:/s/Juliann M. Stevens, City Clerk COL-TUL-102449 1236 ORDINANCE West 2nd I Page 2 of 2