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HomeMy WebLinkAbout1237_OPUD 25-01_OZ 25-01_Tulsa City County Library and Library Loftscos' "TOE Tulsa County Clerk - MICHAEL WILLIS z : • �� Doc #: 2025066405 Page(s): 3 7 07/29/2025 03:28:07 PM •' m�• : Receipt #: 2025-45507 kC4"GK' Fees: $22.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1237 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT (PUD) AS REFERENCED IN APPLICATION OPUD 25-01 AND A REZONING AS REFERENCED IN OZ 25-01 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning and a planned unit development on the property described below; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested planned unit development application OPUD 25-01 and rezoning application OZ 25-01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land lying in Lots ONE, TWO, THREE, FIVE, SIX, SEVEN, EIGHT, NINE, TEN AND ELEVEN (1, 2, 3, 5, 6, 7, 8, 9, 10, 11), BLOCK FOURTEEN (14), ORIGINAL TOWN OF OWASSO, SECTION THIRTY (30), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&M.), TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK FOURTEEN (14); THENCE S01008'09"E ALONG THE EAST LINE OF SAID BLOCK FOURTEEN (14) FOR A DISTANCE OF 300.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK FOURTEEN (14); THENCE S88051'51 "W ALONG THE SOUTH LINE OF SAID BLOCK FOURTEEN (14) FOR A DISTANCE OF 300.00 FEET TO THE SOUTHWEST CORNER OF BLOCK FOURTEEN (14); THENCE N01 008'09"W FOR A DISTANCE OF 160.00 FEET TO THE SOUTHWEST CORNER OF LOT FOUR (4) OF SAID BLOCK FOURTEEN (14); THENCE N88051'51"E ALONG THE SOUTH LINE OF SAID LOT FOUR (4) FOR A DISTANCE OF 75.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT FOUR (4); THENCE N01 °08'09"W ALONG THE EAST LINE OF SAID LOT FOUR (4) FOR A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF SAID LOT FOUR (4); THENCE N88051'51"E ALONG THE NORTH LINE OF BLOCK FOURTEEN (14) FOR A DISTANCE OF 225.00 FEET TO THE POINT OF BEGINNING (P.O.B.) SAID TRACT CONTAINS 1.83 ACRES, MORE OR LESS. The same is hereby zoned from Public Facilities (PF) and Downtown Mixed (DM) to Downtown Mixed (DM) with a PUD Overlay (OPUD 25-01). The Concept Plan and Statement of Intent outlined in the OPUD 25-01 document shall be followed for any development of the described property. 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. Ordinance 1237 Page i of 3 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 15fh day of July, 2025. Alvin Fruga, Mayor ATTEST: APPROVE S TO FOR ��r«c,nc�pA 2t'�r17i+ Julie I ardi, Cit Attorney �— Ordinance 1237 Page 2 of 3 . 6 - -tea, y"�' •�", _v'_ _� p n-. N • i.� J' - �- ^'k n ..ems S� r' y �' .77 71'e` � — 1�1'� ✓K �` ice_ A k''T cCt, i+ "• o . -ti ',; - Fr ,� c .t a .. r ...s.4✓_r I - � + P J�'.�,> (t. � I� o,.' fit. `. ^ �.--y ] Vic, -I• 4� _r }.v sk Uryzs R- SUBJECT TRACT G` f,' �� r.� r.. 4^"` w r"-T� :.::tom• rv�Lt e'o �� '"'2� G O � - � b I 'T .• to � } w - JL v CS!L`JIJ. /^,. l5 ' 9- -. _ ------ zt . . I;- L Q _ Note: Graphic overlays may ' u not precisely align with physical ®Subject OPUD 25-01 0 100 200 400 features on the ground. Tact I I 1 1 I 30 21-14 Aerial Photo Date: 2023 OZ 25-01 Feet APPROVED BY Sd OWASSO CITY COUNCIL �... �.�..a.��. „ JUL 15 2025 TO: The Honorable Mayor and City Council FROM: Carly Novozinsky, Finance Director SUBJECT: Approval of Owasso Public Works Authority (OPWA) Indebtedness DATE: July 11, 2025 BACKGROUND: At the OPWA meeting of July 15, 2025, the Trustees will consider a Development and Financing Agreement with West Family Development, LLC, for the development of a project in the Owasso Redbud Tax Increment Financing (TIF) District, Increment District No. 1. If approved, the obligation for the payments would extend into future fiscal years, making the agreement a debt of the OPWA. In Oklahoma, any indebtedness or obligation of a public trust requires the approval of two-thirds (2/3) of the membership of the governing body of the beneficiary (60 O.S. 176). Therefore, any debt of the OPWA requires the approval of four members of the City Council. RECOMMENDATION: Contingent upon OPWA approval of the Development and Financing Agreement, staff recommends approval of the indebtedness of the OPWA as outlined in the Development and Financing Agreement with West Family Development, LLC. RECOMMENDATION: Contingent upon OPWA approval of the Joint Resolution, staff recommends approval of the indebtedness of the OPWA as outlined in the Joint Resolution with the City -County Library Commission of Tulsa County. ATTACHMENTS: See the memorandums for Owasso Public Works Authority agenda items #5 and #7 of the July 15, 2025, meeting. 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 AFFIDAVIT OF PUBLICATION Tulsa World 315 S. Boulder Ave., Tulsa, OK 74103 (918) 582-0921 I, Edmar Corachia, 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: Sas57i4jjcsu1wN7iOkd Notice Name: 1237 ORDINANCE Publication Fee: $93.25 I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. E4mAr &0rA0HA Agent VERIFICATION State of Florida County of Orange PAMELA BAEZ Notary Public - State of Fic rida Commission # HH 186700 o OF F Expires on October 14, 20 Signed or attested before me on this: 07/23/2025 Notary Public Notarized remotely online using communication technology via Proof. See Proof on Next Page 1237 ORDINANCE I Page 1 of 2 Published in the Tulsa World, Tulsa, Tulsa County, Oklahoma, July 19, 2025 CITY OF OWASSO, OKLAHOMA ORDINANCE 1237 AN ORDINANCE AP- PROVING A PLANNED UNIT DEVEPMENT (PUD)-AS_REFEREN_CED__1N APPLICATLON-OPUD 25-01 AND A LOREZONING AS REFERENCED IN OZ 25-01 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning and a planned unit development on the property de- scribed below; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all state- ments for or against the rgequppeppsted planned unit development application OZ 25-01. NOW, THEREFORE, BE IT ORDAINED BY THE COiINCIL OFIon THE CITY OF OWASSO, OKLAHOMA, THATTO WIT: SECTION 1. Atract of land lying rn Lots ONE, TWO, THREE, FIVE, SIX, SEVEN, EIGHT, NINE, TEN AND ELEVEN (1, 2, 3, 5, 6, 7, 8, 9, 10,11), BLOCK FOURTEEN (14), ORIGINAWNSHIP L T}}OWN OFOWASSO, SECTION THIRTY RANGE FOURTEEN {14) EAS70�iFTHE INDIAN ASEAND MERI[IIAN (B NORTH,M.), TULSACOUN- TY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK FOURTEEN (14; THENCE S01°08'09"E ALONG THE EAST LINE OF SAID BLOCK FOU EEN (14) FOR A DISTANCE OF 300.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK FOURTEEN (14); THENCE SSB"51'51"W ALONG THE SOUTH LINE OF SAID BLOCK FOURTEEN 14) FOR A DISTANCE OF 300.00 FEET TO THE SOUTHWEST CORNER F BLOCK FOURTEEN (14); THENCE NDl"08'09"W FORA DISTANCE OF 160.00 FEET TO THE SOUTHWEST CORNER OF LOT FOUR (4) OF SAID BLOCK FOURTEEN 14); THENCE N88°51'51 "E ALONG THE SOUTH LINE OF SAID LOT FOUR 4) FOR A DISTANCE OF 75.00 FEET TO THE SOUTH- EAST CORNER OF SAID LOT FOUR (4; THENCE N01°D8'D9"W ALONG THE EAST LINE OF SAID LOT FOUR 4) FOR A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF SAID LOT FOUR (4); THENCE N88°51'51 "EALONG THE NORTH LINE OF BLOCK FOURTEEN (14) FOR A DISTANCE OF 225.00 FEET TO THE POINT OF BEGINNING (P.O. .) SAID TRACTCONTAINS 1.83 ACRES, MORE OR LESS. The same is hereby zoned from Public Facilities (PF) and Downtown Mixed (DM) to Downtown Mixed (DM) with a PUD Overlyy (OPUD 25-01). The Concept Plan and Statement of Intent outlined in the OPUD 25-01 document shall be followed far any development of the described prop- erty. SECTION 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SEC- 11ON 3. If any part or parts of this ordinance are deemed unconstitution- al, 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 thlr€y {30 days from the date of final passage as provided by state law. SEC710 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 15 th day of July 2025. /s/Alvin Fruga, Mayor ATTEST:Is/ Juliann M. Stevens, City Cleric COL-TUL-102450 1237 ORDINANCE I Page 2 of 2