HomeMy WebLinkAbout2011.02.08_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE
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OWASSO CITY COUNCIL
TYPE OF MEETING: Special
DATE: February 8, 2011
TIME: 6:00 p.m. `"4
PLACE: Old Central Building
109 N. Birch
Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board
at 5:00 PM on Friday, February 04, 2011. uliann M. Stevens, Deputy City Clerk
AGENDA
1. Call to Order
Mayor Bonebrake
2. Presentation regarding Tulsa's Future II.
Mr. Ray
3. Discussion relating to Operational Items
Mr. Lehr
Attachment # 3
A. FY 2010 Community Development Block Grant (CDBG) Funds
B. Re-hearing of PUD 04-01 -The Reserve at Elm Creek
C. Final Plat - Life Church
D. Proposed Annexation - Maple Glen II
E. Proposed Amendments to the Board of Adjustment Process relating to Special
Use Permits.
F. Proposed Ordinance - TTC Zoning Correction
G. Traffic Signal Final Payment
4. Discussion relating to City Manager Items
Mr. Ray
Attachment # 4
A. Human Resources Strategic Plan
B. Update on Volunteer Program
C. Sales Tax Watchdog Committee Attendance Policy
D. Request for Qualifications - Soccer User Group
E. City Manager Report
1. Sales Tax Report
5. Report from City Councilors
6. Adjournment
OT City witl7oul Lirnifs.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Community Development Director
SUBJECT: Tulsa County Urban County Community Development Block Grant (CDBG)
Request for Assistance, Public Hearing on Proposed Projects, and
Agreement with Tulsa County
DATE: February 4, 2011
BACKGROUND:
The Community Development Block Grant (CDBG) Program provides federal funds to eligible
units of local governments to address community development needs. CDBG regulations permit
counties who meet the threshold of a total combined population of 200,000 or more (excluding
metropolitan cities) to qualify as an urban county to receive a direct federal allocation of CDBG
funds. Beginning in 2008, Tulsa County qualified for entitlement status with HUD to receive CDBG
funds as an Urban County. The qualification period is for a renewable three-year period. The
City of Owasso and eight other Tulsa County incorporated places participate as members of the
Tulsa County Urban County.
Advantages for the urban county designation for Tulsa County include an annual allocation of
CDBG funds to the county and flexibility in program design. Cities of less than 15,000 in
population and counties are eligible for assistance only on a statewide competitive basis
through the Oklahoma Department of Commerce. Cities with populations between 15,000 and
50,000 receive an annual allocation from the Oklahoma Department of Commerce under the
Oklahoma Small Cities category. Cities with populations of over 50,000 are awarded entitlement
status by HUD and receive a direct annual allocation of CDBG funds from HUD.
PROPOSED RESOLUTION:
The annual funding amount for the Urban County is dependent upon the annual appropriation
level of the program and the number of participating local governments. The amount of funds
available for FY 2010 for the City of Owasso is $106,555. In order to receive these funds, the City
of Owasso must pass a resolution requesting assistance through Tulsa County Urban County and
affirming the City's commitment to facilitating the receipt and administration of any awarded
funds.
PUBLIC HEARING REQUIREMENT:
Another requirement for receiving CDBG assistance through the Tulsa County Urban County is for
the City Council to conduct a public hearing in order to solicit citizen comments about how
CDBG funds should be utilized. Staff recommends using a portion of the funds for the following
projects:
Improvements to the Rayola Park trail
➢ Improvements to the Rayola Park drainage channel
Decorative lighting for the Rayola Park trail
Staff intends to hold a public hearing at the February 15, 2011 Regular Meeting of the City
Council in order to receive citizen comments relating to CDBG funds and proposed projects.
AGREEMENT WITH TULSA COUNTY:
In addition to passing a resolution relating to CDBG funding and conducting a Public Hearing on
proposed projects, the City of Owasso must also enter into an agreement with Tulsa County in
order for the funds to be disbursed. The proposed agreement has been attached and outlines
the total funding being received by the City of Owasso and the terms and conditions of use of
this funding.
Because of the size and scope of the Rayola Park Improvements, the City is combing 3 years of
CDBG funding into one contract for FY 2008, FY 2009, and FY 2010. Any unused balance from
the FY 2010 amount $106,555, will be used for another qualifying project. The Indian Nations
Council of Governments (INCOG), the agency who administers the CDBG program, indicated
that this is appropriate and will not be an issue.
RECOMMENDATION:
Staff intends to bring a series of items before the City Council at the February 15, 2011 Regular
City Council Meeting relating to acceptance of Community Development Block Grant (CDBG)
funds. Staff intends to place the following three items on that agenda:
➢ Approval of a proposed resolution, requesting assistance through Tulsa County Urban
County and affirming the City's commitment to facilitating the receipt and
administration of any awarded funds.
➢ Notice of a Public Hearing relating to CDBG funds and proposed projects.
r Approval of a proposed Contract for Public Improvements for Community Development
Block Grant (CDBG) funds between the City of Owasso and Tulsa County.
ATTACHMENTS:
A. Proposed Resolution
B. Notice of Public Hearing
C. Contract for Public Improvements for Community Development Block Grant Program
CITY OF OWASSO, OKLAHOMA
PROPOSED RESOLUTION
A RESOLUTION RELATING TO COMMUNITY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2010 TULSA COUNTY URBAN COUNTY
WHEREAS, the Housing and Community Development Act of 1974, as amended
(24 U.S.C. 93-383 et seq.), (the "Act"), provides that Community Development Block
Grant, ("CDBG"), funds may be used for the support of activities that provide decent
housing and suitable living environments and expanded economic opportunities
principally for persons of low- and moderate-income; and,
WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total
combined population of 200,000 or more from the unincorporated areas and
participating incorporated areas to qualify as an urban county; and,
WHEREAS, Title I of the Housing and Community Development Act of 1974, Public
Law 93-383, as amended, authorized the Secretary of Housing and Urban Development,
as a representative of the United States of America, to grant to Tulsa County funds and
administrative responsibility for the Tulsa County CDBG Urban County program; and
WHEREAS, a Cooperation Agreement between Tulsa County and the City has
been executed for the purpose of participation in the Tulsa County Urban County
Community Development Block Grant Program for Federal Fiscal Years 2008-2010; and
NOW THEREFORE, BE IT RESOLVED by the Owasso City Council that the City of
Owasso desires to obtain assistance in addressing community development needs and
hereby requests the Tulsa County CDBG Urban County program to provide assistance.
NOW THEREFORE, BE IT FURTHER RESOLVED by the Owasso City Council that the
City of Owasso affirms its commitment to take all action within its power to facilitate the
receipt of the assistance of community development funds, and upon receipt to
administer said grant by the rules and regulations established by the United States of
America, the State of Oklahoma, Tulsa County and all empowered agencies thereof.
Approved this day of , 2011 at a regularly scheduled meeting of the
City of Owasso, in compliance with the Open Meeting Act, 25 O.S. 301-314 (2001)
City of Owasso, Oklahoma
Doug Bonebrake, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
NOTICE OF TULSA COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT
OWASSO FY 2010 NEEDS PUBLIC HEARING
A Public Hearing will be held at 6:30 p.m., February 15, 2011 in the City Council
Meeting Room at 109 North Birch, Owasso, to receive recommendations on
community development needs for the City of Owasso as a member of the Tulsa
County CDBG Urban County. Tulsa County is expected to receive $1,394,991 in
FY 2010 CDBG funds from the Department of Housing and Urban Development.
The amount of these funds allocated to the City of Owasso is $106,555. Citizens
are requested to participate in the Hearing and express their views on community
development needs and on the allocation of these funds within the City of
Owasso.
Recommendations received will be considered by the Owasso City Council, the
CDBG Urban County Policy Committee and the INCOG staff in developing
Owasso's annual Metro City application. Comments or proposals, where
feasible, will be incorporated into the FY 2010 application.
Anyone requiring special accommodations pursuant to the Americans with
Disabilities Act should notify Brian Dempster at 918/376-1500.
Contract For Public Improvements
For Community Development Block Grant Program
This Contract for Community Development Block Grant ("CDBG") funds is made
and entered into this day February, 2011 by and between Tulsa County
("COUNTY"), and the City of Owasso ("CITY").
This Contract shall be in effect the 1 st day of January 2011 and shall be in effect
through the 31st day of December, 2011. The Contract period may be extended by
mutual agreement of both parties.
WHEREAS, the Housing and Community Development Act of 1974, as
amended (24 U.S.C. 93-383 et seq.), (the "Act"), provides that Community
Development Block Grant, ("CDBG"), funds may be used for the support of
activities that provide decent housing and suitable living environments and
expanded economic opportunities principally for persons of low- and moderate-
income; and,
WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a
total combined population of 200,000 or more from the unincorporated areas and
participating incorporated areas to qualify as an urban county; and,
WHEREAS, a Cooperation Agreement between the County and the City has
been executed for the purpose of participation in the Tulsa County Urban County
Community Development Block Grant Program for Federal Fiscal Years 2008-2010;
and,
WHEREAS, the City desires to enter into a Contract with Tulsa County, as
lead entity of the Tulsa County Community Development Block Grant Urban County
Program (CFDA 14.21) pursuant to Title I of the Housing and Community
Development Act of 1974, as amended; to receive an allocation of FY2008, 2009
and 2010 Tulsa County CDBG Urban County funds for the purpose of public
improvements;
NOW THEREFORE, the parties do mutually agree as follows:
I. Scope of Services
The City shall be responsible for the oversight of a project titled
"Improvements to Rayola Park" to meet the objectives of the
Community Development Block Grant program in accordance
with the terms and conditions as set forth herein.
The City agrees to perform those duties, obligations, and
representations contained in its application to Tulsa County and
to be bound by the provisions of its application, all amendments
thereto and all correspondence relating thereto, which were
submitted to and accepted by Tulsa County in contemplation of
this contract, said application being incorporated herein and
made a part hereof by reference.
II. Budget
The City shall be allocated Tulsa County CDBG Urban County
funds from the following fiscal years:
FY2008 $ 96,429
FY2009 $ 99,106
FY2010 $106,555
III. Method Of Payment
a. Payment will be made to the City on either a reimbursement of
paid invoices basis or submission of actual payable invoices.
The City shall submit a "Request for Funds" form to the
program administrator, INCOG, for approval and payment by
Tulsa County.
b. City will maintain proper financial records for the project, which
the County reserves the right to inspect on a periodic basis.
C. In no event will the total compensation to be paid hereunder
exceed the expressly agreed maximum sum of Three Hundred
and Two Thousand and Ninety dollars ($302,090) for all
services required.
V. Reversion of Assets
After reconciliation of the project books and submittal of
remaining unpaid claims to the County, the City shall return any
unused CDBG funds within 30 days of the date this agreement
terminates or expires.
GENERAL TERMS AND CONDITIONS
Subcontract Notification Provision
None of the work and services covered by this contract may be subcontracted
without written consent of the County. Any work or services subcontracted
hereunder shall be specified by written agreement and shall be subject to each
provision of this agreement. In no event will the City incur any obligation on the part
of the County.
Modification
This contract is subject to such modification as may be required by federal or state
law or regulations. The work and services to be performed and the total contract
amount may be modified only upon written agreement of both parties.
Disputes, Interpretation, Remedies
a. In the event the parties fail to agree on interpretations of this contract, the
details of such disagreement shall be forwarded to the legal counsels of both
parties for review and recommendation and such recommendations
forwarded to HUD, who shall make the final determination.
b. Neither forbearance nor payment by the County shall be construed to
constitute waiver of any remedies for any default or breach by the City that
exists then or occurs later.
Severability Clause
If any provision under this contract or its application to any person or circumstance
is held invalid by any court of competent jurisdiction, such invalidity does not affect
any other provision of this contract or its application that can be given effect without
the invalid provision or application.
Hold Harmless Clause
City shall, within limitations placed on such entities by any law, hold harmless the
United States government, its agents, officers, and employees and the County, its
agents, officers, and employees from all claims and actions, and all expenses
defending same, that are brought as a result of any injury or damage sustained by
any person or property which injury or damage is legally determined to be caused by
any act or omission of City committed within the performance of its duties under this
contract. City shall, within limitations placed on such entity by any law, hold
harmless the United States government, its agents, officers, and employees and the
County, its agents, officers and employees from any claim or amount recovered as a
result of infringement of patent trademark, copyright, or from any claim or amounts
arising or recovered under Workers' Compensation Laws, to the extent such claims
arise out of acts committed in furtherance of this contract. In any agreement with
any sub-recipient or any agent for City, City will specify that such sub-recipient or
agents shall hold harmless the United States government, its agents, officers, and
employees, and the County its agents, officers and employees for all the herein
before described expenses, claims, actions, or amounts recovered, which is legally
determined to be caused by this sub-recipient or agent in the performance of their
duties relating to this contract.
Personnel
a. The City represents that it will secure all personnel required in performing the
services under this contract. Such personnel shall not be employees of or
have any contractual relationship with the County.
b. The City has full responsibility for payment of worker's compensation
insurance, unemployment insurance, social security, state and federal
income tax and any other deductions required by law for its employees.
C. All of the services required hereunder will be performed by the City or under
its supervision and all personnel engaged in the work shall be fully qualified
and shall be authorized or permitted under state and local law to perform
such services.
Termination of Contract for Cause
If, through any cause, the City shall fail to fulfill in a timely and proper manner
his/her obligations under this contract, or if the City shall violate any of the
covenants, agreements, or stipulations of this contract, the County shall thereupon
have the right to terminate this contract by giving written notice to the City of such
termination and specifying the effective date thereof, at least 15 days before the
effective date of such termination. In such event, the City shall be entitled to receive
just and equitable compensation for any work satisfactorily completed hereunder.
Not withstanding the above, the City shall not be relieved of liability to the County for
damages sustained by the County by virtue of any breach of the contract by the
City.
Termination of Contract for Convenience
Either the City or the County may terminate this contract at any time by giving at
least 15 days notice in writing to the other party. If the contract is terminated as
provided herein, the City will be paid for the services provided and all allowable
expenses incurred up to the termination date.
Conflict of Interest
No member of the governing body of the City, and no other officer, employee, or
agent of the City who exercises any function or responsibility in connection with the
planning and carrying out of the program, shall have any personal financial interest,
direct or indirect, in this agreement, and the City shall take appropriate steps to
assure compliance.
Interest of City and Employees
The City covenants that it presently has no interest and shall not acquire interest,
direct or indirect, in the project area or any parcels therein or any other interest
which would conflict in any manner or degree with the performance of his services
hereunder. The City further covenants that in the performance of this agreement no
person having any such interest shall be employed.
Reports and Information
The City, at such times and in such forms as the County may require, shall furnish
the County such periodic reports as it may request pertaining to the work or services
undertaken pursuant to the contract, costs and obligations incurred or to be incurred
in connection there with and any other matters covered by this contract.
City shall furnish the County narrative reports and financial reports related to the
elements of this contract in the forms and at such times as may be required by the
County or federal grantor agencies.
Compliance with Local Laws
The City shall comply with all applicable laws, ordinances and codes of the state
and local governments.
Copyright
No reports, maps, or other documents produced in whole or in part under this
contract shall be the subject of an application for copyright by or on behalf of the
City.
Records and Audits
City shall retain all books, documents, papers, records, and other materials involving
all activities and transactions related to this contract for at least five (5) years from
the date of submission of the final expenditure report or until all audit findings have
been resolved, whichever is later. City shall, as often as deemed necessary by the
County, permit authorized representatives of the County and its Auditors, the U.S.
Department of Housing and Urban Development, the federal or state Department of
Labor and the U.S. Comptroller General to have full access to and the right to fully
examine all such materials.
The City shall comply with OMB circulars A-110 and A-122 requirements, where
applicable. The OMB circulars are hereby made a part of this contract. The City
shall provide a copy of its annual audit to the County for the periods of these CDBG
funds within the earlier of 30 days after the City's receipt of the auditor's report or
nine months after the end of the audit period.
Federal Funds in Excess of $500,000
If the City expends $500,000 or more in a year in Federal awards from all sources,
the City shall comply with OMB circular A-133 requirements and have a Single Audit
conducted. This OMB circular is hereby made a part of this contract. The City shall
provide a copy of its A-133 audit to the County for the periods of these CDBG funds
within the earlier of 30 days after the City's receipt of the auditor's report or nine
months after the end of the audit period.
Anti-Kickback Regulations
The City shall comply with all applicable anti-kickback regulations covered under the
Department of Labor Regulation 29 CFR, Part III.
Equal Employment Opportunity
The City shall comply with the following equal opportunity requirements as part of
CDBG assurances:
a. Civil Rights Act of 1964, Title VI
City shall comply with Title VI of the Civil Rights Act of 1964,
which provides that no person in the United States shall on the
grounds of race, religion, color, or national origin be excluded
from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for
which the applicant receives federal financial assistance.
b. Housing and Community Development Act of 1974, Section 109
City shall comply with Section 109 of the Housing and Community
Development Act of 1974, which provides that no person in the
United States shall on the grounds of race, color, religion,
national origin or sex be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any
program or activity funded under the Act.
C. Housing and Urban Development Act of 1968, Section 3
City shall comply with Section 3, which provides that to the
greatest extent feasible, training and employment opportunities
shall be made available to lower-income residents of the unit of
local government or metropolitan area (or non-metropolitan
county) in which the project is located and that contracts be
awarded to small businesses located within or owned in
substantial part by residents of the same metropolitan area (or
non-metropolitan county) as the project.
d. Affirmative Action
City shall take affirmative actions steps to contract with small and
minority owned firms and women business enterprises in a part of
the requirements of 24 CFR Part 85.36 or 24 CFR Part 570, Sub-
part J. Affirmative Actions steps include, but are not limited to,
the following:
1. Including qualified small, minority and women business
enterprises on solicitation lists.
2. Assuring that small, minority and women business
enterprises are solicited whenever they are potential
sources.
3. When economically feasible, dividing total requirements into
smaller tasks or quantities to permit maximum small,
minority and women business enterprises participation.
4. Where the requirement permits, establishing delivery
schedules which will encourage participation by small,
minority and women business enterprises.
5. Using the services and assistance of the Small Business
Administration, the Office of Minority Business Enterprise of
the U.S. Department of Commerce and the local minority
business development center that assists with management
and technical aspects and maintains a directory of minority
contractors, suppliers and vendors.
Labor Standards
a. The City shall comply with the requirements of Davis-Bacon
Act (40 USC Section 276a-276a-5), which requires payment
of the prevailing wage for the locality to workers on
construction contracts over $2,000. Housing rehabilitation
projects of fewer than eight units are exempt. Regulations are
at 29 CFR, Part 5. The City further certifies that it shall
include in its bidders' packages the U.S. Department of Labor
Wage Determination List and a statement that the Contractor
and any subcontractors must comply with these wage rates in
performance of the work required.
b. Copeland (Anti-Kickback) Act (18 USC Section 874, 40 USC
Section 176c), which applies to all contracts covered by Davis-
Bacon and provides that workers must be paid weekly, with
only permissible deductions allowed. Regulations are at 29
CFR, Part 3;
C. Contract Work Hours and Safety Standards Act (40 USC
Section 327, et seq.) which requires overtime compensation.
Regulations are at 29 CFR, Part 5.
Acquisition and Relocation
Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970, as
amended (P.L. 91-646, P.L. 100-17) Section 305 of Title III and Section 210 of Title
II require State and local recipients to comply with real property acquisition and
relocation requirements set forth in said Act. Regulations are at 49 CFR, Part 24.
Age Discrimination Act of 1975
City shall comply with the provisions of the Age Discrimination Act of 1975, which
prohibits discrimination on the basis of age in the delivery of services and benefits
supported by federal funds.
Americans With Disabilities Act of 1990
City shall comply to the extent required with the provisions of the Americans with
Disabilities Act of 1990 which prohibits discrimination on the basis of disabled status
in any publicly funded program and activity.
Rehabilitation Act of 1973, Section 504
City shall comply with the provisions of Section 504 of the Rehabilitation Act of
1973, which prohibits discrimination on the basis of handicap in any programs or
activities receiving federal financial assistance.
IN WITNESS WHEREOF, the City and County have executed this contract as of the
date first written above.
City of Owasso, Oklahoma
By , City Manager
ATTEST:
City Clerk
Approved:
Attorney
Tulsa County Board of Commissioners
By.
Chair
ATTEST:
County Clerk
Approved:
District Attorney
The City Witiout Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Community Development Director
SUBJECT: OPUD 10-01 (formerly PUD 04-01), The Reserve at Elm Creek located at 66th Street
North and 129th E. Ave.
DATE: February 4, 2011
BACKGROUND:
On January 10, 2011 the Owasso Planning Commission tabled OPUD 10-01 (formerly OPUD 04-
01). Considering the amount of time that has elapsed since OPUD 04-01 was originally approved
and because the PUD ordinance has changed since 2004, the Planning Commission requested
that information be provided highlighting any deficiencies that may exist between the original
approved PUD to those as if it were designed under the current PUD ordinance. These items
include such elements as open space amenities, density calculations, a better delineation of
where the duplex lots are located, and more specific information about the development in
general. After the January 10th meeting, staff spoke with the applicant on several occasions as
well as the City's legal counsel. Based on these discussions, it was determined that many of the
items the Planning Commission had concerns about during the last meeting are addressed in
the base requirements of the PUD ordinance, subdivision regulations, and other areas of the
zoning code.
The project consists of a total of 19.75 acres, and approximately 12.46 acres would be used for
single-family detached residential development, wi th the balance of the property u sed for
duplex residential development. The applicant has submitted engineering drawings and a
preliminary plat for review. The property is located at the northwest corner of the intersection of
66th Street North and 129th East Avenue.
SURROUNDING LAND USE:
North: Floodplain, AG Zoning - Tulsa County
South: Large Lot Single Family Homes and church, AG-R Zoning - Tulsa County
East: Undeveloped, AG Zoning -Tulsa County
West: Undeveloped, AG Zoning - Tulsa County
PROPERTY CHARACTERISTICS:
The subject property is currently vacant and is used for agricultural purposes. Properties to the
north and to the east of the site are used for both residential and agricultural purposes. A
church and residential tracts lie south of the subject property. Land to the west is agricultural in
nature.
The subject property and properties to the north, east, and west are zoned AG Agricultural.
Tracts to the south are zoned AG-R Agricultural/Residential by Tulsa County.
DEVELOPMENT PROCESS:
Step One, Annexation
Annexation is the method whereby land located outside the city limits is made a part of the city.
Property owners and land developers sometimes choose to have their property annexed into
Owasso in order to receive Owasso municipal services, such as police protection, refuse
collection, and sanitary sewer.
Step Two, Rezoning
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
Step 3, Platting
A preliminary plat is required for any development that proposes to divide land into two or more
lots. Preliminary plats illustrate the development concept for the property, and are often
modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the
Owasso Planning Commission. Sometimes, difficult development issues such as existing utility
lines, wells, or easements are brought to light at the preliminary plat stage and must be
remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right-of-way widths, easements, and
other physical characteristics that must be provided for review to the City. After obtaining
approval from the TAC and the Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Step 4, Site Plan Preparation
Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved,
the development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
CONCEPT OF A PUD:
The concept of a Planned Unit Development is to provide a creative alternative to conventional
development where a particular tract is under common ownership or control and where a
detailed development plan, outlining the development of the tract as a unit is proposed and
submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance
in accordance with a complete and coordinated plan of development for a larger parcel,
rather than piecemeal individual changes using the variance process.
COMPARISON OF DIFFERENCES BETWEEN THE 2004 ZONIGN CODE AND THE CURRENT CODE:
At the January 10, 2011 Planning Commission meeting, the Commission asked staff to compare
the project against the current PUD ordinance. The table below provides this comparison.
Element
2004 PUD Code
Current PUD Code
Project II, The Reserve at
Elm Creek
Minimum Acreage
None Specified
3 Acres
19.75 Acres
Submitted plat indicates
Required, but unspecific
2 areas of open space
Open Space
Unspecified
as to how much to
totaling approx. 1.6
provide.
acres, which include the
detention area.
Min. Lot size of 5,000 SF
Land Area: I DU Per
and min. lot width lot
Dimensional Standards
8,400 SF for single
For single family areas
50'for single family lots.
and or Density
family and 1 DU for
density not to exceed 4
Duplex lot area to meet
Restrictions
4,200 SF for duplex.
DU/Acre; for duplex
the standards of the RD
Min. lot size is 800 SF
areas 8 DU/Acre
District in the Zoning
Min. Lot width 20'
Code. Plat shows 4.09
DU/Ac for SF lot area
Amenities Required
Required if single family
(e.g. trails, 70% masonry
None
density exceeds 5
None Specified
on structures, tennis
DU/Acre
court, pool, etc.
As specified by the
Planning Commission or
Perimeter
As specified by the
if unspecified then in
Requirements
Planning
accordance with
Unspecified
Commission
Chapter 16, Section 1610
of the Zoning Code
Per the subdivision
regulations screening
along arterials is
Mentioned in the
Screening and
As prescribed by the
required. Additionally,
paragraph regarding
Landscaping
Planning
entry landscaping
the HOA responsibilities
Commission
required for the
but unspecified as to the
entrances per Chapter
location or type.
20, 2035 Landscaping
Requirements
ANALYSIS:
OPUD 10-01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75
acres. The development concept behind the Project Two PUD is residential, as the applicant
intends to develop single family and duplex residential homes on the subject property. The
applicant's preliminary plat that was submitted in conjunction with this PUD indicates 51 lots on
12.46 acres, giving a density of 4.09 lots per acre. The PUD ordinance is silent as to how to treat
an application if the single family lot density is between 4 and 5 dwelling units per acre.
Therefore, staff made a judgment call and concluded that 4.09 should be rounded to 4 dwelling
per acre, which relieves the applicant of the amenity requirements.
The subject PUD application is part of a continuance of direction in the overall development
scheme for the area. Staff concurs that a residential development of this type is consistent with
the development trends in this corridor and this pattern of growth is compatible with the Owasso
2025 Land Use Master Plan.
According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on
any PUD application and determine the following:
1. Whether the PUD is consistent with the Comprehensive Plan.
2. Whether the PUD is in harmony with the existing and expected development of surrounding
areas.
3. Whether the PUD is a unified treatment of the development possibilities of the project site.
4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance.
a. To permit innovative land development while maintaining appropriate limitation on
the character and intensity of use assuring compatibility with adjoining and
proximate properties;
b. To permit flexibility within the development to best utilize the unique physical
features of the particular site;
c. To provide and preserve meaningful open space; and
d. To achieve a continuity of function and design within the development.
COMPREHENSIVE PLAN CONSISTENCY:
The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as
having a future land use of residential. As previously stated it is the desire of the applicant to
develop the area for residential use.
HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT:
The area in the vicinity of the intersection at 661h Street North and North 129th East Avenue has
been identified as a non-commercial area. Again, this PUD proposes a residential component
that is part of a development concept for the area that calls for non-commercial develooment.
Similar residential developments in the vicinity of the subject site include the duplex and single
family development at the Baptist retirement center to the north and the Crown Colony
subdivision to the northeast. The proposed PUD fits in with the development trends in the area
and is consistent with the Owasso Land Use Plan. Moreover, given development activity and
public infrastructure improvements in this area, the application is even more valid today than in
2004.
FUTURE PLANNING ISSUES:
Future planning issues must still be considered if the PUD is approved. If approved, the applicant
will be required to adhere to all City of Owasso subdivision regulations and engineering
requirements. As mentioned, the applicant has engineering plans currently under review and
has submitted a preliminary plat reflecting those plans. Should the applicant decide to amend
the PUD, then sections 840.1 and 840.2 of the zoning code shall apply.
As discussed, the PUD ordinance stipulates that a PUD cannot exceed 4 DU per Acre for single
family areas and 8 DU/acre for duplex areas, regardless of the number of dwelling units outlined
in the applicants technical data sheet. If the applicant furnishes a plat that exceeds the above
densities, the amenity elements outlined Section 820 (7) of the zoning ordinance along with the
70% masonry requirement for the units will be required or the applicant will be required to lose
lots.
A property owners' association is proposed and at the platting stage of the development,
detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted.
Also at the platting stage, the applicant will be required to dedicate adequate right-of-way
along the west side of North 129th East Avenue and along the north side of 66th Street North.
Sidewalks will be required along all public right-of-ways associated with the subject property.
Perimeter sidewalks must be installed at the time of overall development, while the internal walks
may be constructed as individual lots are developed.
On-site detention is required and will be further defined at the platting and construction drawing
stage.
Any future development on the property will be served sewer from the City of Owasso and
water from Rogers County Rural Water District 3.
The staff published legal notice of the PUD request in the Owasso Reporter and mailed notices to
property owners within a 300' radius of the subject property. At the January 10, 2011 Planning
Commission meeting, there were approximately 5 individuals who spoke in opposition to the
request. Their concerns primarily were centered on the development of duplex lots and issues
associated with rock blasting in order to install sewer infrastructure.
In conclusion it is reiterated that the applicant /developer will have to perform the following
items outside of the PUD.
1. Applicant shall submit entry landscape plan with future construction drawings. Chapter
20, 2035 Single-Family Landscaping Requirements, of the Owasso Zoning code requires all
subdivision entrances be landscaped.
2. Per Chapter 16, Fencing Requirements, of the Owasso Zoning Code: All residential uses,
including, but not limited to, single-family attached and detached, duplexes, multi-
family, mobile homes, etc., that back up to any arterial road, shall be screened with a
solid opaque fence to provide screening of the rear yards of the residential property.
Therefore, any lots abutting 66th Street North or 129th East Avenue shall provide screening
fences in accordance with Chapter 16, Section 1610 of the Zoning Code
3. Applicant will have to comply with all of the subdivision regulations, which include
obtaining preliminary plat and final plat approval.
The Owasso Planning Commission will review the request at their regularly scheduled meeting on
February 7, 2010.
RECOMMENDATION:
Staff intends to recommend City Council approval of OPUD 10-01
ATTACHMENTS:
A. General Area Map
B. OPUD 10-01 Development Outline Plan
C. Conceptual Development Plan
D. Legal Notice
E. Staff report dated May 12, 2004
Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
RESERVE @ ELM CREEK
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Conceptual Development an
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19.75 acre tract
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LEGAL.__DESCRIPTION_
A tract of land located in the East Half of the
Southeast Quarter of Section 32, Township 21 North,
Range 14 East of the Indian Base and Meridian,
Tulsa County, State of Oklahoma, according to the
U. S. Government Survey thereof, being more
particularly described as follows:
The East Half of the Southeast Quarter of the
Southeast Quarter, AND the South Half of the
Southeast Quarter of the Northeast Quarter of the
Southeast Quarter of Section 32,
LESS AND EXCEPT
Beginning at the Northeast Corner of the S/2 SE/4
NE/4 SE/4 of Section 32; thence SOO°10'35"W along
the Easter line of the SE/4 of Section 32 a distance
of 318.67 feet; thence N87°45'31"W a distance of
566.88 feet; thence N00°10'35"E and parallel with the
East line of the 3/2 SE/4 NE/4 SE/4 of Section 32
a distance of 296.46 feet to the Northerly line of
the S/2 SE/4 NE/4 SE/4 of Section 32; thence
N89°59'49"E along the Northerly line of the S/2
SE/4 NE/4 SE/4 of Section 32 a distance of 566.52
feet to the Point of Beginning;
ALSO LESS AND EXCEPT
Commencing at the Southeast Corner of Section 32;
thence N00°10'35"E along the East line of the SE/4
of Section 32 a distance of 827.00 feet to the Point
of Beginning; thence N89°49'25"W and perpendicular
to the East line of said SE/4 a distance of 326.40
feet; thence N00°10'35"E and parallel with the East
line of said SE/4 a distance of 165.40 feet; thence
S89°49'25"E and perpendicular to the East line of
said SE/4 a distance of 326.40 feet to the East line
of said SE/4; thence SO0°10'36"W along the East line
of said SE/4 a distance of 165.40 feet to the Point
of Beginning;
N89°59'49"E
SCALE
1 "=250'
Basis of Bearings:
East line
Section 32
SO0°10'35"W
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EAST 66th STREET NOR'T'H
Tulsa County Clerk - EARLENE WILSON
o°°# 04065753 Pgs 1 B/P 7307/2093-2093
Receipt # 731261 06/03/04 10:53:12 II~~III'IIII'IIIIIIIII''IIII~IIlI~III'~II'I~IIII~IIII~'I'~IIIII'~I
P- 13.00 .0007 31261008M'
CITY OF OWASSO
ORDINANCE NO. 782
v` - AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION
NO. OPUD-04-01, PROVIDING GUIDPLINES FOR RESIDBNTLAL
DEVELOPMENT ON A TRACTOF LAND CONTAINING APPROXIMATELY 19.75
ACRES, LOCATED IN SECTION 32; TOWNSHIP 21 NORTH, RANGE 14 EAST,
c _TULSA COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES W
CONFLICT HEREWITH.
WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit
Development concerning the property herein described, and,
WHEREAS; the Owasso Cite Council has considered the recommendation of the Owasso Plamiiug
Commission and all statements for and against the requested approval of OPUD-04-01.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA;
Section I. That the zoning map of the City of Owasso, Oklahoma be amended to reflect the
supplemental designation of PUD (Planned Unit Development) on the following described property, to wit:
A tract of land located in the E/2 of the SE/4 of Section 32, T-21-N, R-14-E of the Indian Meridian,
Tulsa County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being
more particularly described as follows:
The E/2 of the SE/4 of the SE14 AND the S/2 of the SE/4 of the NE14 of the SE/4 of Section 32;
LESS AND EXCEPT
Beginning at the Northeast corner of the S/2 of the SE/4 of the NE14 of the SE/4 of Section 32;
THENCE S 00° 10'35" W along the Easterly line of the SE/4 of Section 32 a distance of 318.67 feet;
THENCE N 87°45'31" W a distance of 566.88 feet; THENCE N 00° 10'35" E and parallel with the
east line of the S/2 of the SEA of the NE/4 of the SE/4 of Section 32 a distance of 296.46 feet to the
Northerly line of the S/2 of the SE/4 of the NE14 of the SE/4 of Section 32; THE, NCF. N 89°59'49" E
along the Northerly line of the S/2 of the SE/4 of the NEA of the SEN of Section 32 a distance of
5661 feet to the `Point of Beginning';
ALSO LESS AND EXCEPT
Commencing at the Southeast corner of Section 32: THENCE N 00010'35" E along the east line of
the SE14 of Section 32 a distance of 827.00 feet to the `Point of Beginning'; THENCE N 89149'25" W
and perpendicular to the east line of said SE/4 a distance of 326.40 feet; THENCE N 00110'35" E
and parallel with the east line of said SE/4 a distance of 165.40 feet; THENCE 89° 49'25" E and
perpendicular to the east line of said SEN a distance of 326.40 feet to the east line of said SE14;
THENCE S 000 10'35" W along the east line of said SE14 a distance of 165.40 feet to the `Point of
Beginning'.
Section 2. The City Council hereby authorizes development upon such tract in accordance with the
provisions of the Outline Development Plan submitted with the application, as well as all amendments or
modifications thereto, as required by the City Council; same being hereby made a part of such Outline
Development Plan and included therewith,
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby expressly repealed. at°? '"'PArr„
PASSED AND APPROVED this I" day of June, 2004.
ATTEST:
Sherry Bishd,~iCity Clerk /f
APPROVED AS TO FORM:
Ronald D Cates, City Attorney
City of Owasso; Oklahoma
Susan Kimball, Mayo
City of Owasso
Aim: Juliann Steens
I I I Mam Strccl
Okla.h0'na 740Sl
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MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DUANE CUTHBERTSON
CITY PLANNER
SUBJECT: OPUD 04-01, A REQUEST FOR APPROVAL OF A PLANNED UNIT
DEVELOPMENT
DATE: MAY 12, 2004
BACKGROUND:
The City of Owasso has received a request for the review and rezoning of 19.75 acres. The
applicant proposes to rezone the property as a Planned Unit Development (PUD). The proposed
OPUD 04-01 will follow the standards found under the RS-3 Residential Single-Family and RD
Residential Duplex zoning designations so as to guide the development of single-family homes
and duplexes. Twelve acres would be used for single-family detached residential development
and 7.75 acres would be used for duplex residential development. The property is located at the
northwest corner of the intersection of 66t1i Street North and 129 h East Avenue.
The subject property is currently vacant and is used for agricultural purposes. Properties to the
north and to the east of the site are used for both residential and agricultural purposes. A church
and residential tracts lie south of the subject property. Land the west is agricultural in nature.
The subject property and properties to the north, east, and west is zoned AG Agricultural. Tracts
to the south are zoned AG-R Agri cultural/Residential by Tulsa County.
CONCEPT OF A PUD:
The concept of a Planned Unit Development is to provide a creative alternative to conventional
development where a particular tract is under common ownership or control and where a detailed
development plan, outlining the development of the tract as a unit is proposed and submitted for
public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance
with a complete and coordinated plan of development for a larger parcel, rather than piecemeal
individual changes using the variance process. The supplemental zoning district PUD must be
approved by the City Council as a prerequisite to the Planned Unit Development.
LEGAL PLANNING CONSIDERATIONS OF PUDS ALLOWED BY CODE:
USES PERMITTED - The Owasso Zoning Code allows for all types of residential uses and 29
types of commercial uses within a residential planned unit development. The applicant requests
two uses - single-family residential and duplex residential.
BULK AND AREA REQUIREMENTS - As stated earlier, the applicant requests an RS-3
residential single-family designation for 12 acres, and an RD residential duplex designation for
7.75 acres.
The Owasso Zoning Code allows one dwelling unit per 8,400 square feet in an RS-3 PUD. This
requirement would allow up to 62 lots on the 12 acres. The applicant requests 60 lots.
The Owasso Zoning Code allows one dwelling unit per 4,200 square feet in an RD PUD. This
requirement would allow up to 80 dwelling units on 40 lots in the 7.75 acres. The applicant
requests 80 dwelling units on 40 lots,
Within an RS-3 or RD PUD, the minimum allowable lot size requirement is 800 square feet, and
the minimum allowable lot width is 20 feet. The applicant requests a minimum lot size of 5,000
square feet and a minimum lot width of 50 feet.
BUILDING HEIGHT AND YARDS - There is no set maximum building height or minimum
yard size set by the Owasso Zoning Code. The applicant requests a maximum building height of
two stories and a minimum yard size of 15 feet (by 50 feet).
SCREENING AND LANDSCAPING REQUIREMENTS - The Planning Commission shall
prescribe perimeter requirements for screening and landscaping as are necessary to assure
compatibility with adjoining and proximate properties.
ANALYSIS:
OPUD 04-01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75
acres. The development concept behind the Project Two PUD is residential. The
applicant/owners of the property intend to develop single family residential homes and duplex
homes on the subject site.
The subject PUD application is part of a continuance of direction in the overall development
scheme for the area. As the market has evolved the property owners feel it is appropriate and
marketable to develop the area for residential purposes, as prescribed by the Master Land Use
Plans of both Tulsa County and the City of Owasso. The staff concurs that a residential
development would be consistent with the development pattern taking hold in Owasso and this
pattern of growth is compatible with the Owasso 2010 Land Use Master Plan.
According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on
any PUD application and determine the following:
1. Whether the PUD is consistent with the Comprehensive Plan.
2. Whether the PUD is in harmony with the existing and expected development of surrounding
areas.
3. Whether the PUD is a unified treatment of the development possibilities of the project site.
4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance.
a. To permit innovative land development while maintaining appropriate limitation on
the character and intensity of use assuring compatibility with adjoining and
proximate properties;
b. To permit flexibility within the development to best utilize the unique physical
features of the particular site;
c. To provide and preserve meaningful open space; and
d. To achieve a continuity of function and design within the development.
COMPREHENSIVE PLAN CONSISTENCY:
The Owasso 2010 Land Use Master Plan identifies the subject property and its surroundings as
having a future land use of residential. As previously stated it is the desire of the
applicants/owners to develop the area for residential use.
HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT:
The area in the vicinity of the intersection at 66th Street North and North 129t` East Avenue has
been identified as a non-commercial area. Again, this PUD proposes a residential component
that is part of a development concept for the area that calls for non-commercial development.
Similar residential developments in the vicinity of the subject site include the duplex and single
family development at the Baptist retirement center to the north and the Crown Colony
subdivision to the northeast.
FUTURE PLANNING ISSUES:
Future planning issues must still be considered if the PUD is approved. If approved, the
applicant must submit a preliminary plat, infrastructure plans, and a final plat that must be
approved by the City of Owasso.
A property owners' association is proposed and at the platting stage of the development, detailed
covenants and restrictions incorporating all conditions of the PUD shall be submitted.
Also at the platting stage, the applicant will be required to dedicate adequate right-of-way along
the west side of North 129a' East Avenue and along the north side of 66a' Street North.
Sidewalks will be required along all public right-of-ways associated with the subject property.
Perimeter sidewalks must be installed at the time of overall development, while the internal
walks may be constructed as individual lots are developed.
The applicant has identified the terrain of the area as relatively flat and gently rolling terrain.
The existing soils on the site would appear to create no unusual development problems that are
not typically encountered in development in and around the City of Owasso. On-site detention is
required and will be further defined at the platting stage.
Any future development on the property will be served sewer by the City of Owasso and water
by the City of Owasso.
The staff published legal notice of the PUD request in the April 15, 2004 edition of the Owasso
Reporter and mailed notices to property owners within a 300' radius of the subject property. To
date, the staff has no opposition from one person concerning the request.
OWASSO PLANNING COMMISSION
At the May 10, 2004 regular meeting, the Owasso Planning Commission unanimously voted to
recommend approval of OPUD 04-01 with no conditions.
RECOMMENDATION:
The staff recommends approval of OPUD 04-01.
ATTACHMENTS:
1. General Area Map
2. OPUD 04-01 Development Outline Plan
3. Legal Notice
4. OPUD 04-01 Application
AWP*A
The Ciiy Wit-icut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Community Development Director
SUBJECT: Conditional Final Plat-Life Church
DATE: February 4, 2010
BACKGROUND:
The City of Owasso has received for review and approval a conditional final plat (final plat) for
Life Church, located at 14008 East 96th Street North. The final plan proposes one (1) lot on one
(1) block consisting of 11.54 acres of property. The applicant intends to develop the property
with a church. Per the Owasso subdivision regulations, proposed subdivisions containing only one
lot may proceed to a final plat. Whenever this situation occurs, it is often referred to as a
conditional final plat.
SURROUNDING ZONING:
North: Office Medium (OM)
South: Residential Single Family (RS-2)
East: Residential Single Family (RS-2)
West: Residential Single Family (RS-2)
PROPERTY CHARACTERISTICS:
The subject property is 11.54 acres in size. The property is served by the City of Owasso water,
sanitary sewer, police, fire, and EMS service.
DEVELOPMENT PROCESS:
Step One, Annexation
Annexation is the method whereby land located outside the city limits is made a part of the city.
Property owners and land developers sometimes choose to have their property annexed into
Owasso in order to receive Owasso municipal services, such as police protection, refuse
collection, and sanitary sewer.
Step Two, Rezoning
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
Step 3, Platting
A preliminary plat is required for any development that proposes to divide land into two or more
lots. Preliminary plats illustrate the development concept for the property, and are often
modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the
Owasso Planning Commission. Sometimes, difficult development issues such as existing utility
lines, wells, or easements are brought to light at the preliminary plat stage and must be
remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right-of-way widths, easements, and
other physical characteristics that must be provided for review by the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Step 4, Site Plan Preparation
Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved,
the development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS:
The applicant is requesting the review and approval of the final plat so they may develop the
property with a church. The property is zoned AG (Agriculture) and a special exception for a
church was approved on December 16, 2008 by the Owasso Board of Adjustment. According
to the final plat, the applicant will create one (1) 11.54 acre lot with 600.27 feet of frontage. The
main access into the site will be from 96th Street North.
Any development that occurs on the subject property must adhere to all subdivision, zoning,
and engineering requirements including but not limited to paved streets, landscaping, and
sidewalks. Commercial sewer and water service will be provided by the City of Owasso. The
property will be subject to all payback fees, including Storm Siren fees of $35 per acre.
The proposed plat indicates a 17.5' utility easement on the along the west, south and east
boundaries of the site, a 50' rural water utility easement and 50' right of way dedication along
961h Street North.
TECHNICAL ADVISORY COMMITTEE:
The Final Plat for Life Church was reviewed by the Owasso Technical Advisory Committee at their
regularly scheduled meeting held January 26, 2010. At that meeting, utility providers and city
staff were afforded the opportunity to comment on the application and request any changes or
modifications. The following comments were made.
• Public Works - Show drainage easement for the pond, correct bearing descriptions so
that flow in a circular reference.
• AT&T - None
• PSO - Clarify who will be servicing the site and showing the extension of the line
• ONG - Add gas service to paragraph B.2 on the restrictive covenants and deed of
dedications page
PLANNING COMMISSION:
The Owasso Planning Commission will review the final plat at their regularly scheduled meeting
on February 7, 2011.
RECOMMENDATION:
Staff intends to recommend City Council approval of the final plat for Life Church, subject to
addressing the TAC comments.
ATTACHMENTS:
A. Final Plat Life Church
B. Case Map
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Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
LIFE CHURCH
LOCATION MAP
N
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1/31/11
The Ciiy Wilrut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Community Development Director
SUBJECT: OA 11-01
Maple Glen II
DATE: February 4, 2011
BACKGROUND:
Approximately 15 years ago, Owasso Land Trust (OLT) purchased 15 acres in the area that is
being developed as Maple Glen, which was subsequently annexed into the City limits. At that
same time, OLT was given an option to purchase an additional 15 acres from the same land
owner; OLT exercised this option in early 2010.
OLT's original master plan for this area included both the original 15 acres (Maple Glen 1) and the
second 15 acre tract (even though it had not been purchased). Upon purchase of the second
tract in 2010, OLT proceeded with platting and engineering on the property, resulting in Maple
Glen 11.
In moving forward with the development process for Maple Glen II, City and OLT staff became
aware that the acreage contained within the second 15 acre tract had not been annexed into
the City limits, as originally thought. The final plat for Maple Glen 11 was filed with Tulsa County on
November 18, 2010. This retro-annexation request corrects this issue and allows the developer to
move forward, complete the infrastructure, and obtain building permits on property that was
reviewed by the City and designed to City Standards.
SURROUNDING LAND USE/ZONING DESIGNATIONS:
North: Single Family residential, Zoned RE
South: Undeveloped land, Zoned AG (Tulsa County)
West: Single Family Residential, Zoned OPUD 04-04
East: Undeveloped land, Zoned AG (Tulsa County)
DEVELOPMENT PROCESS:
Step One, Annexation
Annexation is the method whereby land located outside the city limits is made a part of the city.
Property owners and land developers sometimes choose to have their property annexed into
Owasso in order to receive Owasso municipal services, such as police protection, refuse
collection, and sanitary sewer.
Step Two Rezoning
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
Step 3, Platting
A preliminary plat is required for any development that proposes to divide land into two or more
lots. Preliminary plats illustrate the development concept for the property, and are often
modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the
Owasso Planning Commission. Sometimes, difficult development issues such as existing utility
lines, wells, or easements are brought to light at the preliminary plat stage and must be
remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right-of-way widths, easements, and
other physical characteristics that must be provided for review to the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Another form of property division that can be considered in some cases is a lot split or lot tie. Lot
splits or ties are minor subdivisions of property into three or fewer tracts, and do not provide for
any new public streets. Typically, this is an appropriate option for a land owner who wishes to
take large undeveloped parcels of land and divide it into two or three smaller tracts.
Step 4, Site Plan Preparation
Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved,
the development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS:
As stated above, the requested annexation is necessary for the applicant to begin obtaining
building permits for Maple Glen II, and to officially bring the development into the corporate
limits of the City of Owasso. The request essentially is a retro-annexation and was clearly an
oversight. Even though a portion of Maple Glen II was not within the city limits, the entire
subdivision was designed to City standards and reviewed by all City departments prior to
recording.
Some infrastructure has been installed in Maple Glen Il, but there have been no building permits
issued or requested. All future phases of Maple Glen II that may fall within the 15 acre tract will
be required to follow normal City development and review procedures. The project is served
with Owasso sanitary sewer service, water by Washington County Rural #3, and Fire and EMS by
the City of Owasso.
ANNEXATION COMMITTEE:
The Owasso Annexation Committee heard the request at their scheduled meeting on January
26, 2011 and had no objections and recommended OA 11-01 be forwarded to the Planning
Commission.
PLANNING COMMISSION:
The Owasso Planning Commission will hear OA 11-01 at their regularly scheduled meeting on
February 7, 2011.
RECOMMENDATION:
Staff intends to recommend City Council approval of OA 11-01.
ATTACHMENTS:
1. Legal Description
2. Location Map
R 14 E
EAST 1157H STREET NORTH
EXHIBIT 'A' E
T
N Legal Description° 21
N
Section 8, T-21-N, R-14-E, I.B. & M. EAST 105
Tulsa County, Oklahoma Location Map
SCALE: 1•_2000'
Scale: 1 "=400'
z
POINT OF COMMENCEMENT
v~' NW CORNER OF SW/4 j
SEC. 8, T-21-N, R-14-E r}
. SOUTH LINE NW/4 _ . _ . .
NORTH LIN,SW/4 V~
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POINT OF
BEGINNING
SOUTH LINE NW/4 SW/4 # i /i SOUTH LINE NE/4 SW/4 ;
Legal Description
A tract of land located in the West Half (W/2) of the Northeast Quarter (NE/4) of the Southwest
Quarter (SW/4) of Section Eight (8) of Township Twenty-one (21) North and Range Fourteen (14)
East of the Indian Base and Meridian (I.B.&M), according to the U.S. Government Survey, thereof,
Tulsa County, State of Oklahoma, being more particularly described as follows:
Commencing at the NW corner of the SW/4 of Sec. 8, T-21-N, R-14-E, I.B.&M.; Thence S
1'24'50" E along the west line of said SW/4 a distance of 1320.54 feet to the SW corner of the
NW/4 of said SW/4; Thence N 88'44'20" E a distance of 1323.48 feet to the SW corner of the
NE/4 of said SW/4 being the Point of Beginning; Thence N 1'21'11" W along the west line of said
NE/4 SW/4 a distance of 990.15 feet; Thence N 88'44'59" E a distance of 662.27 feet to a point
on the east line of the W/2 of said NE/4 SW/4; Thence S 1'19'22" E a distance of 990.03 feet
to the SE corner of said W/2 NE/4 SW/4; Thence S 88'44'20" W a distance of 661.74 feet to the
Point of Beginning, and containing 15.05 acres, more or less.
T
i
Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
MAPLE GLEN II
ANNEXATION
LOCATION MAP
N
W E
S
nTheity Wit,.ut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Community Development Director
SUBJECT: Change of the Special Exception Review Process
Proposed Ordinance Adopting Zoning Code by Reference
DATE: February 4, 2011
BACKGROUND:
Over the last few months, staff introduced the idea of taking Special Exception uses, currently
being heard by the Board of Adjustment (BOA), to the Planning Commission as Specific Use
Permits. The Community Development Department currently allows certain uses believed to
have unique or widely varying operating characteristics or unusual site development features to
be permitted in base zoning districts as Special Exceptions, as opposed to those permitted "by-
right". Currently, these Special Exception uses are approved or denied by the BOA rather than
the Planning Commission. Once a decision is rendered by the BOA, no further action is taken by
any public body on the item and the applicant may submit a site plan and subsequent building
permit.
As noted at the January 11, 2011 Work Session, Owasso's current method of handling Special
Exception uses is problematic for several reasons. First, the BOA is a quasi-judicial board that
does not operate under the authority of the City Council. Second, because the BOA is quasi-
judicial, any appeals, whether from the applicant or citizens, may be disputed in District Court.
For this reason, staff believes it is in the best interest of the City to require some of the uses
currently designated as "Special Exceptions" to be allowed only by "Specific Use Permits".
Specific Use Permit applications would be considered by the Planning Commission and the City
Council, which would serve as a check and balance system. This would be beneficial given that
the staff and the Planning Commission can require additional measures be taken to ensure the
proposed use is of high quality and designed appropriately. Also, with a Specific Use Permit, the
City Council would hear and approve or deny the item at their regularly scheduled meetings,
thus ensuring a well reviewed application.
PREVIOUS ACTION:
At the January 11, 2011 City Council Work Session, staff provided members of the City Council
with proposed text amendments to the Zoning Code. These proposed amendments were also
discussed at the January meeting of the Owasso Planning Commission, and will be formally
presented at the Commission's February 7, 2011 Regular Meeting. In addition to this, the Planning
Commission will hold a Public Hearing to receive comments on the proposed amendments at
the same meeting. Upon final review of the proposed amendments and completion of the
Public Hearing, the Planning Commission will provide a report to the City Council, along with
their recommendation for further action.
PROPOSED ACTION:
Staff has provided the proposed amendments to the Zoning Code Rules and Regulations along
with this memo. The proposed changes are outlined by chapter and are shown in-line to
illustrate proposed insertions and deletions to the current text. If no objections are expressed by
the Council or the Planning Commission, the proposed amendments to the Owasso Zoning
Code will be presented to the Council for consideration and appropriate action through an
Ordinance which will re-adopt the Owasso Zoning Code by reference at the February 15, 2011
Regular Meeting.
Staff intends to recommend City Council approval of a Proposed Ordinance, adopting by
reference, the Owasso Zoning Code, as a part of Part 12, Chapter 2, Zoning Regulations.
ATTACHMENTS:
A. Proposed amendments to Zoning Code Rules and Regulations: Chapters 3, 4, 5, 6, 7, 12,
13, 14, 15, and 17
B. Proposed Ordinance Adopting by Reference the Owasso Zoning Code
CHAPTER3
AGRICULTURE DISTRICT PROVISIONS
300 Purposes
310 Principal Uses
320 Accessory Uses
330 Bulk and Area Requirements
SECTION 300 PURPOSES OF AGRICULTURE DISTRICT
SECTION 310 USES PERMITTED IN THE AGRICULTURE DISTRICT
The principal uses permitted in the Agriculture Districts are: animal and poultry
raising, arboretum, chick hatchery, cultivation, dairy farming, electrical
regulation station (excluding storage or service garages and yards), farming,
fishery, flood management project, forestry, grazing, guest or dude ranch,
horticulture nursery, planting, pressure control station (gas or liquid, excluding
storage or service garages and yards), ranching, reservoir, riding stable or
academy, shelter (civil and storm), single-family detached dwelling, transmitting
tower (excluding amateur radio tower), water storage facility NEC, wildlife
preserve.
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The following uses require a Specific Use Permit in the Agricultural District:
Airport
Frisbee Golf Course
Rodeo
Aquarium
Go-Cart Track
Sanitarium
Arena
Golf Course
San. Landfill
Art Gallery
Government Services
School
Bus Station
Gun Club
Sewage Disp.
Cemetery
Halfway House
Skate Park
Child Care Center
Heliport
Stadium
Church
Hospital
Tennis Court
College
Commercial Camp Ground
Community Center
Convent
Construction Trailer
Crematory
Cultural Center
Day Camp
Drag Strip
Drive-in Theater
Fairgrounds
Family Care Home
Juvenile Delinquency Ctr
Library
Marina
Mausoleum
Monastery
Park
Planetarium
Post Office
Power Plant
Pre-Release Center
Racing Tracks (auto, horse, dog)
Rifle/Skeet Range
Water Park
Water Trtmnt.
Plant
The Specific Use Permit uses permitted in the Agriculture District shall follow the
process outtined Section 1330.4, Chapter Thirteen (13), Amendments and are
subject to the requirements, safeguards, and conditions as may be imposed by
the-Planning Commission. Further, the Specific Use Permit uses shall conform to
the bulk and area requirements of the Agriculture District.
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SECTION 320 ACCESSORY USES IN THE AGRICULTURE DISTRICT
320.1 Accessory Uses Permitted
Accessory uses customarily incident to a principal use permitted in an Agriculture
District are permitted in such district.
In addition, home occupations are permitted as accessory uses. A home
occupation is an occupation, profession, or trade customarily carried on by
occupants of a dwelling unit as a secondary use that is clearly incidental to the
principal use of the dwelling unit for residential purposes. Home occupations are
allowed as an accessory use in agriculture districts, subject to the following
provisions:
A. Location: Home Occupation shall be conducted only within the
principal structure.
B. Area: The maximum floor area utilized for home occupation
purposes shall not exceed twenty=five percent (25%) of the total
floor area of the principal structure.
C. Employees: The home occupation shall be engaged in only by the
family or person occupying the dwelling as a private residence.
No person shall be employed in the home occupation other than a
member of the immediate family residing on the premises.
D. Merchandise: The home occupation shall not involve the retail
sale of merchandise manufactured off the premises.
E. Visibility of Merchandise: No merchandise shall be displayed in
such a manner as to be visible from outside.
F. Outdoor Storage: No outdoor storage shall be allowed in
connection with any home occupation.
G. Maintenance of Non-Commercial Character: No alteration of the
non-commercial character of the premises may be made,
including the removal of garage doors.
H. Signs: No signs, display, or advertising on premises shall be
permitted.
1. Disturbances: No mechanical or electrical equipment or other
activities shall be allowed which create a noise, dust, odor, or
electrical disturbance.
J. Traffic and Parking: No home occupation shall generate more
than 15 trips per day to and from the premises and all parking
needs generated shall be accommodated by off-street parking
which does not alter the non-commercial character of the
premises.
320.2 Accessory Use Conditions
General Conditions
1. An accessory building constructed as an integral part of the
principal building shall be made structurally a part thereof, and
shall comply with the requirements applicable to the principal
building.
2. Accessory buildings shall meet the minimum yard or building
setback requirements.
SECTION 330 BULK AND AREA REQUIREMENTS IN THE AGRICULTURE
DISTRICT
Table 3
Bulk and Area Requirements in the Agriculture District
AG District
Lot Width (Min. Feet)
200
Lot Area (Min. Acres)
2
Land Area (Min. Acres per Dwelling Unit)
2.2
Front Yard and Any Yard Abutting a Right of Way
Arterial
35
Not an Arterial
25
Side Yard (Min. Feet)
One Side Yard
15
Other Side Yard
15
Rear Yard (Min. Feet)
40
Building Height (Max. Feet)
N/A
CHAPTER 4
RESIDENTIAL DISTRICT PROVISIONS
400 Purposes
410 Principal Uses
420 Accessory uses
430 Bulk and Area Requirements
440 SpeG ia[ ExceptieR Uses, Requirements Specific Use Permit, Requirements
450 Site Plan Review
SECTION 400 PURPOSES OF RESIDENTIAL DISTRICTS
400.1 General Purposes
The residential districts are designed to:
(A) Achieve the residential objectives of the Comprehensive Plan.
(B) Protect the character of residential areas by excluding
inharmonious commercial and industrial activities.
(C) Achieve a suitable environment for family by permitting in
residential areas appropriate neighborhood facilities, such as
churches, schools, and certain cultural and recreational facilities.
(D) Permit a variety of dwelling types and densities to meet the varying
needs of families.
(E) Control the density of residential development to facilitate the
planning for an economical provision of streets, utilities, and other
public facilities.
400.2 Purposes of the RE Residential Estate District
The RE District is designed to permit the development and conservation of single-
family detached dwellings in a suitable environment for family life on large
parcels of land at a low population density.
400.3 Purposes of the RS Residential Single-Family Districts.
The RS-1, RS-2, and RS-3 districts are designed to permit the development and
conservation of single-family detached dwellings in suitable environments in a
variety of densities to meet the varying requirements of families.
400.4 Purposes of the RD Residential Duplex District
The RD district is designed to permit a more intense yet compatible use of tracts
in or near single-family residential and other neighborhoods which, because of
size, topography, or adjacent land use are not ideally suited for single-family use.
400.41 Purposes of the RTH Residential Multi-Family Townhouse District
The RTH district is designed to permit the development of attached single-family
townhouse dwellings, on separate lots, which are designed expressly for separate
ownership, in suitable residential environments at a higher density than
conventional detached single-family dwellings.
400.5 Purposes of RM Residential Multi-Family District
The RM district is designed to permit the development and conservation of multi-
family dwelling types, such as garden apartments and townhouses, in suitable
environments in a variety of densities to meet the varying requirements of
families.
400.6 Purposes of the RMH Residential Mobile Home Park District
The RMH district is designed to recognize mobile home living as a residential use
necessitating location in residential areas yet requiring regulation to insure a
suitable living environment.
SECTION 410 PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS
410.1 Uses within the RE and RS Residential Estate and Single-Family Districts
The principal uses permitted in the RE and RS Residential Districts are: single-
family detached dwellings, open land uses (i.e. arboretum, flood management
project, reservoir, wildlife preserve), passive agricultural uses (i.e. cultivation,
forestry, planting).
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The following uses require a Specific Use Permit in the RE and RS Residential
Districts:
Ambulance Service
Child Care Center
Church
College
Community Center
Electrical Regulation
Station (excluding storage
storage or service garages
Fire Station
Golf Course
Hospital
Library
Park
Post Office
Pressure Control
Station (CNG, excluding
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and yards)
School
Storm Shelter
Tennis Court
University
WaterStorage
Facility
The Specific Use Permit uses permitted in the RE and RS Districts shall follow the
process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are
subject to the requirements, safeguards, and conditions as may be imposed by
the Planning Commission. Further, the Specific Use Permit uses shall conform to
the bulk and area requirements of the RE and RS Districts.
410.2 Uses within the RD Residential Duplex District
The principal uses permitted in the RD Residential Duplex District are: duplex
dwellings and all the principal uses listed in Section 410.1.
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District:
Ambulance Service
Child Care Center
Church
College
Community Center
Electrical Regulation
Station (excluding storage
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yards)
Hospital
Library
Park
Post Office
Universitye
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Pressure Control
Station (CNG, excluding
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School
Fire Station Storm Shelter
Golf Course Tennis Court
The Specific Use Permit uses permitted in the RD District shall follow the process
outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the RD District.
410.3 Uses within the RTH Multi-family Townhouse District
The principal uses permitted in the RTH Residential Townhouse District are:
townhouses, duplex dwellings, and all the principal uses listed in Section 410.1.
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The following uses require a Specific Use Permit in the Residential Townhome
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Ambulance Service
Child Care Center
Church
College
Community Center
Electrical Regulation
Station (excluding storage
or service garages and
yards)
Fire Station
Golf Course
Hospital
Library
Park
Post Office
Pressure Control
Station (CNG, excluding
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School
Storm Shelter
Tennis Court
University/ College
Water Storage
Facility
The Specific Use Permit uses permitted in the RTH District shall follow the
process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are
subject to the requirements, safeguards, and conditions as may be imposed by
the Planning Commission. Further, the Specific Use Permit uses shall conform to
the bulk and area requirements of the RTH District.
410.4 Uses within the RM Multi-family District
The principal uses permitted in the RM Multi-family District are: multi-family
dwellings, fraternity or sorority houses, rooming/ boarding house, townhouse,
duplex dwellings, and all the principal uses listed in Section 410.1..
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The following uses require a Specific Use Permit in the Residential Multi-family
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Ambulance Service
Child Care Center
Church
College
Community Center
Electrical Regulation
Station (excluding storage
Or service garages and
yards)
Fire Station
Golf Course
Hospital
Library
Park
Post Office
Pressure Control
Station (CNG, excluding
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and yards)
School
Storm Shelter
Tennis Court
University/ College
Water Storage
Facility
The Specific Use Permit uses permitted in the RM District shall follow the process
outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the RM District.
All multi-family dwellings shall be located within an approved Planned Unit
Development (PUD).
410.5 Uses within the RMH Mobile Horne Park District
The principal uses permitted in the RMH Mobile Home Park District are: mobile
home dwellings (excluding travel, camp or recreational vehicles) and all the
principal uses listed in Section 410.1.
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The following uses require a Specific Use Permit in the Residential Mobile Home
Park (RMH) District:
Ambulance Service
Child Care Center
Church
College
Community Center
Electrical Regulation
Station (excluding storage
or service garages and
yards)
Fire Station
Golf Course
Hospital
Library
Park
Post Office
Pressure Control
Station (CNG, excluding
storage or service garages
and yards)
School
Storm Shelter
Tennis Court
University/College
Water Storage
The Specific Use Permit uses permitted in the RMH District shall follow the
process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are
subject to the requirements, safeguards, and conditions as may be imposed by
the Planning Commission. Further, the Specific Use Permit uses shall conform to
the bulk and area requirements of the RMH District.
SECTION 420 ACCESSORY USES IN RESIDENTIAL DISTRICTS
420.1 Accessory Uses Permitted
Accessory uses customarily incident to a principal use permitted in a residential
district are permitted in such district. In addition, the following uses set forth in
Table 1 are permitted accessory uses.
Table 1
Accessory Uses Permitted in Residential Districts
Uses
Districts
1.
Home Occupations
All R Districts
2.
Roomers and Boarders (two persons maximum)
All RE Et RS Districts
3.
Shelters
All R Districts
4.
Swimming Pool
All R Districts
_4-
ILaundry and Storage Facilities i~
420.2 Accessory Use Conditions
(A) General Conditions
1. An accessory building constructed as an integral part of the
principal building shalt be made structurally a part thereof, and
shall comply with the requirements applicable to the principal
building.
2. A detached accessory building shall not be located in the front or
side yard or encroach upon a minimum building setback line, but
this limitation shall not apply to carports, provided the minimum
required front yard or side yard or setback line is observed.
3. Within the rear yard, a detached accessory building shall be
located at least five feet from any interior lot line.
4. One unoccupied recreational vehicle or boat, a length of 30 feet
or less, may be parked upon a lot as an accessory use, provided
that the vehicle is parked upon a paved surface.
(B) Home Occupations
An occupation, profession, or trade customarily carried on by occupants of a
dwelling unit as a secondary use that is clearly incidental to the principal use
of the dwelling unit for residential purposes is allowed as an accessory use in
residential districts, subject to the following provisions:
1. Location: Home Occupation shall be conducted only within the
principal structure.
2. Area: The maximum floor area utilized for home occupation
purposes shall not exceed twenty-five percent (25%) of the total
floor area of the principal structure.
3. Employees: The home occupation shall be engaged in only by the
family or person occupying the dwelling as a private residence.
No person shall be employed in the home occupation other than a
member of the immediate household residing on the premises.
4. Merchandise: The home occupation shall not involve the.retail
sale of merchandise manufactured off the premises.
5. Visibility of Merchandise: No merchandise shalt be displayed in
such a manner as to be visible from outside.
o. Outdoor Storage: No outdoor storage shall be allowed in
connection with any home occupation.
7. Maintenance of Residential Character: No alteration of the
residential character of the premises may be made, including the
removal of garage doors.
8. Signs: No signs, display, or advertising on premises shall be
permitted.
9. Disturbances: No mechanical or electrical equipment or other
activities shall be allowed that create a noise, dust, odor, or
electrical disturbance.
10. Traffic and Parking: No home occupation shall generate more
than 5 trips per day to and from the premises and all parking
needs generated shalt be accommodated by off-street parking
which does not alter the residential character of the premises.
11. Customers: No home occupation shall be allowed where it is
expected that customers will visit the location.
C) Roomers and Boarders
In a dwelling unit occupied as a private residence, one or more rooms may be
rented or table board furnished, to not more than two persons who are non-
members of the family occupying said premises as a permitted accessory use.
However, no window display or sign board shall be used to advertise such use.
SECTION 430 BULK AND AREA REQUIREMENTS IN RESIDENTIAL
DISTRICTS
430.1 Bulk and area requirements in the RE, RS, RD, RTH and RM districts are
shown on Table 2 and 3 on the following two pages.
Table 2
BULK AND AREA REQUIREMENTS
SINGLE-FAMILY DISTRICTS
RE
RS-1
RS-2
RS-3
Lot Width (Ft)
150"
100
75
15
Lot Area (Sq Ft)
24,000
13,500
I 9,000
7,000
Land Area Per Dwelling (Sq Ft)
28,375
16,000
10,875
8,400
Livability Space (Sq Ft)
12,000
7,000
5,000
4,000
Front Yard Setback (Arterial)
35
35
35
35
Front Yard Setback (Non-Arterial)
35
35
30
25
Corner Yard Setback (Arterial)
20
20
20
20
Corner Yard Setback (Non-Arterial)
15
15
15
15
Rear Yard Setback
25
25
25
20
Side Yard Setbacks (Both Listed)
15!15
5!5
5!5
=511
Side yard setbacks will be measured from the point of the wall that is nearest
to the property line of the adjacent property.
TOWNHOUSE DEVELOPMENT
Development Width (min. feet) 70
Lot Width (min. ft.) 20
Lot Area (min.sq. ft.) 11600
Land Area (of development) per dwelling (min. sq. ft.) 3,600
Table 3
BULK AND AREA REQUIREMENTS
MULTI-FAMILY DISTRICTS
RD
RTH
RM
Lot Width (Ft)
One and Two Family
60
40
60
Multi-Family (Other than RTH)
100
Lot Area (Sq Ft)
One and Two Family
6,900
5000
7,000
Multi-Family (Other than RTH)
6,000
Land Area Per Dwelling (Sq Ft)
One Family
8,400
6,500
7,500
Two Family
4,200
4,000
4Y200
Multi-Family (Other than RTH)
First Two D. U.
Each Additional D.U.
Less than Two
Bedrooms
Two or More Bedrooms
4,200
Ii
2,400
3,100
Livability Space (Sq Ft)
2,000
1,000
800
Front Yard Setback (Arterial)
35
35
35
Front Yard Setback (Non-Arterial)
25
25
10
Corner Yard Setback (Arterial)
15
20
15
Corner Yard Setback (Non-Arterial)
15
15
15
Rear Yard Setback
20
20
10
Side Yard Setbacks (both Listed)
5/5
N/A
10/10
Any multi-family developments within the RM district must be located
within an approved Planned Unit Development.
430.2 Bulk and Area requirements in the RMH District
A.
The Mobile Home Park Development:
Tract Area (Min)
Tract Width (Min)
5 acres
200 feet
Land Area per Dwelling Unit (Min) 6,000 square feet
Livability Space per Dwelling Unit 300 square feet
Livability space shall be provided in common areas of not less
than 7,500 square feet, located so as to be conveniently
accessible to the mobile homes it is intended to serve.
Front yards and any yards abutting a Public Street:
Measured from centerline, and 1/2 of right-of-way width designated
on Major Street Plan or 25 feet if not designated on Major Street
Plan (Min.)
Abutting an Arterial 35 feet
Abutting a Non-Arterial
Side Yard (Min)
Rear Yard (Min)
Height (Max)
25 feet
10 feet
10 feet
One Story
B. Internal Requirements
Mobile Home Space (Min), exclusive of streets, required off-street
parking, and required livability space 3,000 square
feet
Separation between Mobile Homes (Min)
15 feet
Mobile Home Setback from Centerline of a Private Internal Street (Min)
25 feet
All interior private streets must comply with Owasso Engineering Design
Criteria.
C. Mobile Home Subdivisions
A mobile home park development containing a tract area of not less than
5 acres may be subdivided to permit individual ownership of mobile
home spaces, provided the resulting lots shall comply with the bulk and
area requirements set out below and a subdivision plat incorporating the
bulk and area requirements is submitted to and approved by the
Planning Commission and filed of record in the office of the County Clerk
where the property is located.
Land Area per Dwelling Unit (Min) 6,000 square feet
Lot Size (Min) 4,000 square feet
Livability Space per Dwelling Unit (Min) 1,000 square feet
Height (Max) One Story
Front yards and any yards abutting a Public Street:
Measured from centerline, add 1 /2 of right-of-way width designated on
the Major Street Plan or 25 feet if not designated (Min)
Abutting an Arterial 35 feet
Abutting a Non-Arterial 25 feet
Side Yards (Both Min. Listed) 5/5 feet
Rear Yard (Min) 10 feet
SECTION 440 SP- -1A EX CDTI/11~ SPECIFIC USE PERMIT USES IN
RESIDENTIAL DISTRICTS, REQUIREMENTS
The SpeGiat Exr=eP+;^^ Use Specific Use Permit, permitted in the residential
districts, as designated iR Tab , are subject to the minimum requirements
set out below and such additional safeguards and conditions as may be imposed
by the R^°. - ^f Adjustment planning Commission.
A. In the RE and RS districts, children's nurseries shall comply with the tot
width, lot area, height, and yard requirements for single-family use and, in
addition, a maximum floor area ratio of .5 (50%) shall apply.
B. Special exr=eptieR Specific Use Permit uses shall comply with the least
restrictive yard and height requirements of the district in which located, and,
in addition, shall comply with the following requirements:
1. Maximum floor area ratio of .5 (50%).
2. Maximum lot size of 10,000 square feet.
3. Minimum frontage of 100 feet.
4. A minimum building setback of 25 feet from abutting properties
located within an R district.
Provided that if the use unit requirements are greater, the use unit
requirements shall control.
SECTION 450 SITE PLAN REVIEW - MOBILE HOME PARKS AND MULTI-
FAMILY COMPLEXES OVER 10 UNITS
450.1 Purpose
By reason of potential adverse effects on public services or to neighboring land
uses, site plan approval by the Community Development Department is
required for all mobile home parks and multi-family complexes over four units
for the purpose of assuring proper accessibility, circulation, functional
relationships of uses and compatibility with adjoining and nearby development.
No building permit shall be issued nor use commenced within this development
except in accordance with an approved site plan.
450.2 Application for Site Plan Review
An application for site plan review shall be filed with the Community
Development staff. The plan must show information showing compliance with
applicable sections of this code and all other applicable city codes and
ordinances. Appeals from denial of the Community Development staff shall be
made to the City Council.
Site Plan application packets must be submitted to the Community
Development Department no later than the 15t Business Day of the Month in
which the Owasso Technical Advisory Committee will address the Site Plan.
The Site Plan shall be accompanied by an application and checklist, as provided
by the City Planner, in the following format and with the following information:
® Fifteen (15) Full Size Copies (24"x 36")*
® Ten (10) Scale Copies"
• One 8 '/2"x 11" Copy
Plans should be folded to be no larger than 9"x12" in size
• One Digital Copy (dwg. Format)
• Completed application, $25.00 fee.
• Owner authorization to proceed with application. Attach copy if
applicant is not record owner's agent.
SITE PLAN REQUIREMENTS:
® Date, Indication of the scale (Minimum Scale V=100', 1"=20' preferred),
bar scale, north arrow and location map (does not have to be drawn to
scale).
• Sufficient surrounding area to demonstrate the relationship of the
development to adjacent uses, both existing and proposed based on
topographic and/or ALTA survey or previously approved site plan. The
base information should include, but not be limited to, the existing
topographic character of site including trees, mass vegetation, wetland
delineation, etc., extending onto adjacent property a minimum of 40
feet.
• Location of all floodplain boundaries and notation of FEMA Flood
Insurance Rate Map (FIRM) with which the site is associated.
• Location and size of existing water, sanitary sewer, stormwater systems,
natural gas, telephone, cable, electric and any other utility adjacent to
or proposed to serve the site.
• Location and dimensions of required building setbacks, landscape
setbacks and\or easements.
• Zoning and land uses of all adjacent properties.
• Location and size of all existing and proposed parking areas including
driving, maneuvering lanes, and loading areas or berths.
• The location and dimension of all existing and proposed curb lines,
driveways and neighboring street intersections within 150' of project.
0 The location of all existing and proposed storm water conveyance
structures.
Proposed stormwater detention facilities and structures.
Outdoor Lighting Plan
Included on the site plan or as a separate sheet, if necessary, locate all
illuminating devices and include a description of each device, fixture,
lamp, support, reflector, pole, foundation /footing and other device
(including but not limited to manufacturers or electric utility catalog
specification sheets). There should also be a table included on the plan
that indicates the fixture classification (i.e. cutoff fixture, wall pack,
flood light, etc.).
For projects that will likely impact nearby residential developments, a
photometric plan (a point-by-point footcandle array in a printout format
indicating the location and aiming of illuminating devices) will be
required.
Site Plans must show and/or dimension the following information:
® Existing and Proposed Right-of-way and easements should be shown
and dimensioned.
• Parcel/Lot Dimensions. (Tie to street monument)
• Existing and proposed rights-of-way improvements
(curb/gutter/sidewalk/driveways).
• Driveway locations and widths.
• Existing and proposed street names and classifications.
• Existing and proposed driveways along with size of drive.
• Raised islands, existing and proposed traffic signals and other traffic
control devices.
Site Plans must show the following information on all existing and proposed
buildings and structures:
• Location.
• Dimension and square footage.
• Building height.
• Proposed building finished floor elevation
• Dimension building(s) to property lines and distances between
buildings
• Label each building with the proposed use
Site Plans must show the following information regarding existing streets
adjacent to the development site:
Right-of-way and pavement widths.
Existing, proposed and anticipated street names and classifications.
Existing and/or proposed access points.
• Acceleration and deceleration lanes (required on arterial streets).
• Traffic Island and other traffic control devices.
• Proposed curb cuts, service drives and drainage survey indicating that
stormwater flow will not be adversely affected.
• Pedestrian walkways or sidewalks including curb ramps where required.
• Location and length of queuing areas for drive through service areas.
• Location of proposed retaining walls (include detail and cross-section).
Show and label screening/ buffering from adjacent Residential uses.
® Trash enclosure (include detail).
® Location, height and material of fences.
® Location, height, size, and type of any proposed ground sign (signs are
approved by separate permit).
• Show all phases of development for each lot/site plan (if applicable).
• Location of all planned landscape areas.
Plan data table including the following information:
• Site Area (Gross and Net)
• Gross Building Area
• Percent of Lot Coverage (show calculation)
• Parking Required and Provided (including ADA accessible)
Site Plans must also provide a narrative statement explaining the character of
the development (i.e. eating place, convenience goods, intensive outdoor
recreation, etc).
CHAPTER 5
OFFICE DISTRICT PROVISIONS
500 Purposes
510 Principal Uses
520 Accessory Uses
530 Bulk and Area Requirements
540 c^°r-C-C
I- eptieR Use Specific Use Permit, Requirements
550 Site Plan Review
SECTION 500 PURPOSES OF THE OFFICE DISTRICT
500.1 General Purposes
The Office Districts are designed to preserve and promote the development of
efficient office facilities and to maximize the compatibility with other land
uses by:
A. Establishing bulk and area controls.
B. Requiring off-street parking and loading facilities.
C. Establishing the districts necessary to meet the need for a variety of
office types.
500.2 Purposes of the OL Office Low Intensity District
The OL District is designed to facilitate the development and preservation of
low intensity office development.
500.3 Purposes of the OM Office Medium Intensity District
The OM District is designed to provide areas for offices, together with certain
community facilities normally compatible with primary office uses. It is
designed to preserve existing medium intensity office development and to
facilitate the development of new medium intensity office areas.
SECTION 510 PRINCIPAL USES PERMITTED IN OFFICE DISTRICTS
410.6 Uses within the Office Districts
The principal uses permitted in the Office Districts are: abstract company,
advertising agency, ambulance service, artist's studio, broadcasting or recording
studio, church, college, community center, computing service, copying service,
data processing service, drafting service, dental clinic and laboratory,
employment agency, financial institution (other than pawn shop), fire protection
facility, funeral home, general business offices excluding on-premise sale of
merchandise, hospital, interior design (no retail sales), library, medical offices,
medical clinics, medical laboratories, optician or optical offices, optician or
optical laboratories, park, photography studio, post office, prescription pharmacy
(provided that no sundry or other merchandise is sold or offered for sale), school,
studio for teaching ballet, dance, drama, fine arts, music, language, business, or
modeling, tennis court, transportation ticket office, travel agency, and veterinary
office (excluding boarding services).
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The following uses require a Specific Use Permit in the Office Districts:
Beauty/Barber Shop
Book Store
Candy Store
Child Care Center
Eating Place
Electrical Regulation
Station (excluding storage
Or service garages and
yards)
Florist
Golf Course
Newstand
Gift Shop
Golf Course
Newstand
Nut Store
Pressure Control
Station (CNG, excluding
storage or service garages
and yards)
Liquor Store
Private Club
Stationary and Office
Supply Store
Tobacco Store
Water Storage
Facility
The Specific Use Permit uses permitted in the Office Districts shall follow the
process outlined Section 1330.4, Chapter Thirteen (13), Amendments and are
subject to the requirements, safeguards, and conditions as may be imposed by
the Planning Commission. Further, the Specific Use Permit uses shall conform to
the bulk and area requirements of the Office Districts.
SECTION 520 BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS
Table 3
BULK AND AREA REQUIREMENTS IN THE OFFICE DISTRICTS
REQUIREMENT
OL
OM
Lot Area Minimum (Sq. Ft.)
N/A
N/A
Frontage (Min Ft.)
Arterial and Freeway Service Road
75
100
Non-Arterial
50
50
Floor Area Ratio (maximum)
.25
.50
Setback from Centerline of Abutting Street (Min.
Ft.):
To the setback distance shown, add 1/z of the
right-of-way width designated on the Major
Street Plan, or 25 feet if the street is not
designated.
30
50
Arterial and Freeway Service Road
20
25
Non-Arterial
Setback from Abutting AG or R District boundaries
10
10*
Building Height (Max. Ft.)
18
N/A
Plus 1 foot of setback for each 1 foot of building height exceeding
18 feet, if the abutting property is within an RE, RS, or RD District.
SECTION 530 co-Er-iAi rvrE-nTIO SPECIFIC USE PERMIT USES IN OFFICE
DISTRICTS, REQUIREMENTS
The Speci ' Except]^" Specific Use Permit uses permitted in the Office Districts
are subject to the minimum requirements set out below and such additional
safeguards and conditions as may be imposed by the Ord of Adjustment
Planning Commission:
1. Shopping Goods and Services in the Office districts shall comply with the
following requirements:
A. The permitted speGia ptiOR Specific Use Permit shopping
goods and services listed below shall be located entirely within
the principal building and shall have their pedestrian entrance
and exit through the principal building.
B. Permitted special exception Specific Use Permit shopping goods
and services in the Office districts are limited to the following
uses and use groupings:
Barber Shop
Beauty Shop
Book Store
Florist
Gift, Novelty
Liquor Store
Newsstand
Medical, Dental, Optical, and Orthopedic Supplies
Stationary and Office Supplies
Tobacco, Candy, and Nut Store
C. Each accessory use shalt be limited to a maximum of 4,000 square
feet of floor area per specific use grouping (1-10) listed above.
2. A minimum frontage of 100 feet is a requirement of the Special
€xceptiei4 Specific Use Permit uses.
SECTION 550 SITE PLAN REVIEW
By reason of potential adverse effects on public services or to neighboring land
uses, site plan review and approval by the Community Development
Department, after review by the Technical Advisory Committee, is required for
all office developments for the purpose of assuring proper accessibility,
circulation, functional relationships of uses and compatibility with adjoining
and nearby development. No building permit shalt be issued, nor use
commenced within an office development, except in accordance with an
approved site plan.
550.1 Purposes
By reason of potential adverse effects on public services or to neighboring land
uses, site plan review and approval by the Community Development
Department, after review by the Technical Advisory Committee, is required for
all commercial developments for the purpose of assuring proper accessibility,
circulation, functional relationships of uses and compatibility with adjoining
and nearby development. No building permit shall be issued, nor use
commenced within this development, except in accordance with an approved
site plan.
550.2 Application for Site Plan Review
An application for site plan review shall be filed with the Community
Development staff. The plan must show information showing compliance with
applicable sections of this code and all other applicable city codes and
ordinances. Appeals from denial of the Community Development staff shall be
made to the City Council.
Site Plan application packets must be submitted to the Community
Development Department no later than the 1St Business Day of the Month in
which the Owasso Technical Advisory Committee will address the Site Plan.
The Site Plan shall be accompanied by an application and checklist, as provided
by the City Planner, in the following format and with the following information:
• Fifteen (15) Full Size Copies (24"x 36")"
• Ten (10) '/z Scale Copies*
• One 8 '/z" x 11 " Copy
'Plans should be folded to be no larger than 9"x12" in size
• One Digital Copy (dwg. Format)
• Completed application, $25.00 fee.
• Owner authorization to proceed with application. Attach copy if
applicant is not record owner's agent.
SITE PLAN REQUIREMENTS:
• Date, Indication of the scale (Minimum Scale V=100', V=20' preferred),
bar scale, north arrow and location map (does not have to be drawn to
scale).
Sufficient surrounding area to demonstrate the relationship of the
development to adjacent uses, both existing and proposed based on
topographic and/or ALTA survey or previously approved site plan. The
base information should include, but not be limited to, the existing
topographic character of site including trees, mass vegetation, wetland
delineation, etc., extending onto adjacent property a minimum of 40
feet.
• Location of all floodplain boundaries and notation of FEMA Flood
Insurance Rate Map (FIRM) with which the site is associated.
• Location and size of existing water, sanitary sewer, stormwater systems,
natural gas, telephone, cable, electric and any other utility adjacent to
or proposed to serve the site.
Location and dimensions of required building setbacks, landscape
setbacks and\or easements.
• Zoning and land uses of all adjacent properties.
• Location and size of all existing and proposed parking areas including
driving, maneuvering lanes, and loading areas or berths.
® The location and dimension of all existing and proposed curb lines,
driveways and neighboring street intersections within 150' of project.
• The location of all existing and proposed storm water conveyance
structures.
0 Proposed stormwater detention facilities and structures.
® Outdoor Lighting Plan .
Included on the site plan or as a separate sheet, if necessary, locate all
illuminating devices and include a description of each device, fixture,
lamp, support, reflector, pole, foundation /footing and other device
(including but not limited to manufacturers or electric utility catalog
specification sheets). There should also be a table included on the plan
that indicates the fixture classification (i.e. cutoff fixture, wall pack,
flood light, etc.).
For projects that will likely impact nearby residential developments, a
photometric plan (a point-by-point footcandle array in a printout format
indicating the location and aiming of illuminating devices) will be
required.
Site Plans must show and/or dimension the following information:
• Existing and Proposed Right-of-way and easements should be shown
and dimensioned.
• Parcel/Lot Dimensions. (Tie to street monument)
• Existing and proposed rights-of-way improvements
(curb/gutter/sidewalk/driveways).
• Driveway locations and widths.
• Existing and proposed street names and classifications.
• Existing and proposed driveways along with size of drive.
• Raised islands, existing and proposed traffic signals and other traffic
control devices.
Site Plans must show the following information on all existing and proposed
buildings and structures:
0 Location
® Dimension and square footage.
® Building height.
Proposed building finished floor elevation
® Dimension building(s) to property lines and distances between
buildings
® Label each building with the proposed use
Site Plans must show the following information regarding existing streets
adjacent to the development site:
® Right-of-way and pavement widths.
® Existing, proposed and anticipated street names and classifications.
® Existing and/or proposed access points.
Acceleration and deceleration lanes (required on arterial streets).
® Traffic Island and other traffic control devices.
Proposed curb cuts, service drives and drainage survey indicating that
stormwater flow will not be adversely affected.
® Pedestrian walkways or sidewalks including curb ramps where required.
® Location and length of queuing areas for drive through service areas.
® Location of proposed retaining walls (include detail and cross-section).
Show and label screening/ buffering from adjacent Residential uses.
® Trash enclosure (include detail).
• Location, height and material of fences.
Location, height, size, and type of any proposed ground sign (signs are
approved by separate permit).
• Show all phases of development for each lot/site plan (if applicable).
Location of all planned landscape areas.
Plan data table including the following information:
® Site Area (Gross and Net)
® Gross Building Area
® Percent of Lot Coverage (show calculation)
® Parking Required and Provided (including ADA accessible)
Site Plans must also provide a narrative statement explaining the character of
the development (i.e. eating place, convenience goods, intensive outdoor
recreation, etc).
CHAPTER 6
COMMERCIAL DISTRICT PROVISIONS
600 Purposes
610 Principal Uses
620 Accessory Uses
630 Bulk and Area Requirements
640 Sper=ia ExGeptiOR Specific Use Permit, Requirements
650 Location of Sexually Oriented Businesses
660 Site Plan Review
SECTION 600 PURPOSES OF COMMERCIAL DISTRICTS
600.1 General Purposes
The Commercial Districts are designed to:
A. Achieve the commercial objectives of the Comprehensive Plan.
B. Meet the needs for commercial services and goods of the trade area.
C. Preserve and promote the development of efficient commercial facilities
and encourage a compatible relationship between commercial facilities
and other land issues and thoroughfares by:
1. Differentiating the types and purposes of commercial activities.
2. Establishing bulk and area controls.
3. Requiring off-street loading and parking facilities.
4. Protecting the character of commercial districts and their
peculiar suitability for commercial uses.
600.2 Purposes of the CS Shopping Center District
The CS District is designed to accommodate convenience, neighborhood, sub-
community, community, and regional shopping centers providing a wide range
of retail and personal service uses.
600.3 Purposes of the CG General Commercial District
The CG District is designed to:
A. Accommodate existing development of mixed commercial uses which are
well established, while providing a degree of protection to adjacent
residential areas.
B. Accommodate the grouping of certain commercial and light industrial
uses which are compatible with one another.
600.4 Purposes of the CH Commercial High Intensity District
The CH District is designed to accommodate high intensity commercial and
related uses.
SECTION 610 USES PERMITTED IN COMMERCIAL DISTRICTS
610.1 Uses within the CS Commercial District
The principal uses permitted in the CS Commercial District are: abstract
company, advertising agency, ambulance service, antique shop, appliances store
or repair, art gallery, artist supply store, artist's studio, automotive parts and
accessories store, bakery (retail), barber shop, bicycle shop, billiard parlor, book
store, bowling alley, broadcasting or recording studio, bus station, business
machine sales, candy store, cafeteria, caterer, church, clothing store, coffee
shop, college, community center, computing service, confection shop, copying
service, cosmetic shop, costume or uniform rental, dairy store, dance hall, data
processing service, delicatessen, dental clinic and laboratory, department store,
drafting service, dressmaking shop, drug store, dry cleaning, dry goods store,
employment agency, enclosed recreation establishments, financial institution,
fire protection facility, florist, food specialty store, funeral home, furniture
store, garden supply, gasoline service station, general business offices, gift shop,
grocery, gunsmith, gymnasium, hardware, health club, health food store, hobby
shop, home furnishing store, hospital, hotel, ice cream store, interior decorating
or design, jeweler, leather goods, library, laundry, liquor store, locksmith,
medical offices, medical clinics, medical laboratories, motel, motion picture
theater (enclosed), music store, newsstand, novelty shop, nut shop, office
machine sales, optician or optical offices, optician or optical laboratories, paint
store, park, pawn shop, pet shop, photographic supply store, photography studio,
post office, prescription pharmacy, racquet ball club, restaurant, rifle range
(enclosed), school, shoe repair, shoe store, skating rink (enclosed), slot car track,
souvenir shop, sporting goods, stationary store, studio for teaching ballet, dance,
drama, fine arts, music, language, business, or modeling, swimming pool
(enclosed), tailor, tavern, tennis court, tobacco store, toy store, transportation
ticket office, travel agency, variety store, veterinary clinic (excluding outside
animal runs), wallpaper store, and weight reduction center.
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The following uses require a Specific Use Permit in the Commercial Shopping
Center (CS) District:
Agricultural Implement
Sales
Air Conditioning/ Heating
Service
Aircraft Sales
Auctioneer
Auto Wash
Auto Rental
Auto Sales
Bait Shop
Bakery (wholesale)
Bindery
Boat Sales
Bottled Gas Sales
Cabinet Maker
Camper Sales
Carpet Store Monument Sales
Construction Contractor Motorcycle Sales
Office
Plastic Material
Copying Service
Sales
Disinfecting Services
Plumbing Shop
Drapery Service
Portable Storage
Exterminating Service
Building Sales
Fence Construction Co.
Printing and
Frozen Food Locker
Publishing
Fuel Oil Sales
Rug Cleaning
Greenhouse (retail)
Store
Heating Equipment
Taxidermist
Janitorial Services
Vehicle Repair
Kennel
Vending Sates
Linen Supply
and Services
Lumber Yard
Window Cleaning
Shop
Woodworking Shop
The Specific Use Permit uses permitted in the CS District shall follow the process
outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the CS District.
610.2 Uses within the CG Commercial District
The principal uses permitted in the CG Commercial District include all the
principal uses permitted in the CS Commercial District plus: agricultural
implement sales, air conditioning and heating service, aircraft sales, auctioneer,
auto wash, automobile rental, automobile sales, bait shop, bakery (wholesale),
bindery, boat sales, bottled gas sales, cabinet maker, camper sales, carpet store,
contract construction service, copying services, disinfecting services, drapery
service, exterminating services, fence construction establishment, frozen food
locker, fuel oil sales, greenhouse (retail), heating equipment, janitorial service,
kennel, linen supply, lumber yard, monument sales, motorcycle sales, plastic
materials sales, plumbing shop, portable storage building sales, printing and
publishing, rug cleaning, taxidermist, vehicle repair, vending sales and services,
window cleaning, and woodworking shop.
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The following uses require a Specific Use Permit in the Commercial General (CG)
District:
Arena
Commercial Camp
Drag Strip
Drive-In Theater
Fairgrounds
Frisbee Golf Course
Go-Cart Track
Golf Driving Range
Miniature RC Auto Track
Outdoor Recreation
Racing Tracks (auto, horse, dog)
Rodeo Grounds
Skateboard Track
Shooting Range (outdoor)
Stadium
Truck Rentals
Water Park
Wholesale Businesses
Fuel Oil Sales
The Specific Use Permit uses permitted in the CG District shall follow the process
outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the CG District.
610.3 Uses within the CH Commercial District
The principal uses permitted in the CH Commercial District include all the
principal uses permitted in the CG Commercial District plus: truck rental,
trucking establishments and warehouses.
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The following uses require a Specific Use Permit in the Commercial High Intensity
(CH) District:
Arena
Commercial Camp Ground
Drag Strip
Drive-In Theater
Fairgrounds
Frisbee Golf Course
Go-Cart Track
Golf Driving Range
Miniature RC Auto Track
Outdoor Recreation
Racing Tracks (auto, horse, dog)
Rodeo Grounds
Skateboard Track
Shooting Range (outdoor)
Stadium
Water Park
The Specific Use Permit uses permitted in the CH District shall follow the process
outlined Section 1330.4, Chapter. Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the CH District.
SECTION 620 ACCESSORY USES PERMITTED IN COMMERCIAL DISTRICTS
620.1 Accessory Uses Permitted
Accessory uses customarily incident to a principal use permitted in a
Commercial District are permitted in such district.
620.2 Accessory Use Conditions
A. Accessory buildings shall meet the minimum building setback lines of the
applicable district.
B. An accessory building erected as an integral part of the principal
building shall be made structurally a part thereof, shall have a common
wall therewith, and shall comply with the requirements applicable to
the principal building.
SECTION 630 BULK AND AREA REQUIREMENTS IN THE COMMERCIAL
DISTRICTS
Table 1
BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICT
REQUIREMENTS
CS
CG
CH
Frontage (Min. Ft.)
Arterial and Freeway Service Road
150
150
N/A
Non-Arterial
50
50
N/A
Floor Area Ratio (maximum)
.50
.75
N/A
Setback from Centerline of Abutting Street (Min
Ft.):
To the setback distance shown, add '/2 of
the right-of-way width designated on the
Major Street Plan, or 25 feet is the street is
not designated.
Arterial and Freeway Service Road
50
0
N/A
Non-Arterial
10
1 10
N/A
Setback from Abutting R District Boundary (Min.
20*
20*
20*
Ft.)
Plus 2 feet of setback for each 1 foot building height exceeding 15 feet if
the abutting property is within an RE, RS, RD or RTH District.
SECTION 640 SPEGIAi CXCE-PTIlIAI SPECIFIC USE PERMIT USES IN
COMMERCIAL DISTRICTS, REQUIREMENTS
All sp a wrePtiOR Specific Use Permit uses shalt comply with the bulk and
area requirements of the use district in which located.
SECTION 650 LOCATIONS OF SEXUALLY ORIENTED BUSINESSES
650.1 Definitions
As used in this Section, the terms sexual conduct and specified anatomical
areas shall mean as follows:
1. Sexual Conduct includes the following:
A. The fondling or other touching of human genitals, pubic region,
buttocks, or female breasts;
B. Ultimate sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, sodomy;
C. Masturbation, and;
D. Excretory functions as part of or in connection with any of the
activities set forth in (A) through (C) above.
2. Specified Anatomical Areas includes the following:
A. Human genitals, pubic region, buttocks, and female breasts below
a point immediately above the top of the areola.
B. Human male genitals in a discernible turgid state, even if
completely and opaquely covered.
For the purpose of this Ordinance, sexually-oriented businesses are defined as
follows:
1. Adult Amusement or Entertainment: Amusement or entertainment
which is distinguished or characterized by an emphasis on acts or
materials depicting, describing or relating to Sexual Conduct or Specified
Anatomical Area, as defined herein, including but not limited to topless
or bottomless dancers, exotic dancers, strippers, male or female
impersonators or similar entertainment.
2. Adult Bookstore: An establishment having as a significant portion of its
stock in trade books, film, magazines and other periodicals which are
distinguished or characterized by an emphasis on depicting or describing
Sexual Conduct or Specified Anatomical Areas.
3. Adult Mini Motion Picture Theater: An enclosed building with a capacity
of less than 50 persons used for presenting material distinguishing or
characterized by an emphasis on depicting or describing Sexual Conduct
or Specified Anatomical Areas.
4. Adult Motel: A motel wherein material is presented, as part of the
motel services, via closed circuit TV or otherwise, which is distinguished
or characterized by an emphasis on depicting or describing Sexual
Conduct or Specified Anatomical Areas.
5. Adult Motion Picture Arcade: Any place to which the public is permitted
or invited wherein coin or slug-operated or electronically, electrically or
mechanically controlled, still or motion picture machines, projectors, or
other image-producing devices are maintained to show images to five or
fewer persons per machine at one time, and where the images so
displayed are distinguished or characterized by an emphasis on depicting
or describing Sexual Conduct or Specified Anatomical Areas.
6. Adult Motion Picture Theater: An enclosed building with a capacity of 50
or more persons used for presenting material distinguished or
characterized by an emphasis on depicting or describing Sexual Conduct
or Specified Anatomical Areas.
7. Massage Parlor: Any place where for any form of consideration or
gratuity, massage, alcohol rub, administration of fomentations, electric
or magnetic treatments, or any other treatment or manipulation of the
human body occurs as part of or in connection with Sexual Conduct or
where any person providing such treatment, manipulation or service
related thereto exposes Specified Anatomical Areas.
8. Model Studio: Any place other than university or college art classes
where, for any form of consideration or gratuity, figure models who
display Specific Anatomical Areas are provided to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by
persons paying such consideration or gratuity.
9. Sexual Encounter Center: Any building or structure which contains, or is
used for commercial entertainment where the patron directly or
indirectly is charged a fee to engage in personal contact with or to allow
personal contact by, employees, devises or equipment or by personnel
provided by the establishment which appeals to the prurient interest of
the patron, to include, but not be limited to bath houses, massage
parlors, and related or similar activities.
650.2 Prohibition
No person shall cause or permit the establishment of any of the sexually
oriented businesses as defined in Section 650.1, in an area zoned other than
"CH" and "CG". In addition, no person shall cause or permit the establishment
of any of the sexually oriented businesses, as defined in Section 650. 1, within
one thousand (1000) feet of any other sexually oriented business, or within one
thousand (1000) feet of a church, day care, school (type which offers a
compulsory education curriculum), public or private park, or within one
thousand (1000) feet of areas zoned residential or within one thousand (1000)
feet of a nonarterial street which provides access to a residentially zoned area.
Provided further that the Reard r,f ndjustmeRt planning Commission may
permit by a SpecialEXGeptiGR Specific Use Permit sexually oriented businesses,
as defined in 650.1 in an IL, IM, or IH District, subject to the distance
limitations set forth herein.
The establishment of a sexually oriented business shall include the opening of
such business as a new business, the relocation of such business, the
enlargement of such business, in either scope or area, or the conversion of an
existing business location of any of the uses described in Section 650.1.
Nothing in this Ordinance is intended to make legal any business or activity that
is expressly declared illegal under the provision of this Code or under any state
or federal laws.
SECTION 660 SITE PLAN REVIEW
660.1 Purposes
By reason of potential adverse effects on public services or to neighboring land
uses, site plan review and approval by the Community Development
Department, after review by the Technical Advisory Committee, is required for
all commercial developments for the purpose of assuring proper accessibility,
circulation, functional relationships of uses and compatibility with adjoining
and nearby development. No building permit shall be issued, nor use
commenced within this development, except in accordance with an approved
site plan.
660.2 Application for Site Plan Review
An application for site plan review shall be filed with the Community
Development staff. The plan must show information showing compliance with
applicable sections of this code and all other applicable city codes and
ordinances. Appeals from denial of the Community Development staff shall be
made to the City Council.
Site Plan application packets must be submitted to the Community
Development Department no later than the 1St Business Day of the Month in
which the Owasso Technical Advisory Committee will address the Site Plan.
The Site Plan shall be accompanied by an application and checklist, as provided
by the City Planner, in the following format and with the following information:
Fifteen (15) Full Size Copies (24"x 36")*
• Ten (10) '/z Scale Copies'
o One 8'/z" x 11" Copy
`Plans should be folded to be no larger than 9"x12" in size
• One Digital Copy (dwg. Format)
• Completed application, $25.00 fee.
• Owner authorization to proceed with application. Attach copy if
applicant is not record owner's agent.
SITE PLAN REQUIREMENTS:
Date, Indication of the scale (Minimum Scale V=100', V=20' preferred),
bar scale, north arrow and location map (does not have to be drawn to
scale).
Sufficient surrounding area to demonstrate the relationship of the
development to adjacent uses, both existing and proposed based on
topographic and/or ALTA survey or previously approved site plan. The
base information should include, but not be limited to, the existing
topographic character of site including trees, mass vegetation, wetland
delineation, etc., extending onto adjacent property a minimum of 40
feet.
• Location of all floodplain boundaries and notation of FEMA Flood
Insurance Rate Map (FIRM) with which the site is associated.
• Location and size of existing water, sanitary sewer, stormwater systems,
natural gas, telephone, cable, electric and any other utility adjacent to
or proposed to serve the site..
• Location and dimensions of required building setbacks, landscape
setbacks andlor easements.
0 Zoning and land uses of all adjacent properties.
® Location and size of all existing and proposed parking areas including
driving, maneuvering lanes, and loading areas or berths.
The location and dimension of all existing and proposed curb lines,
driveways and neighboring street intersections within 150' of project.
• The location of all existing and proposed storm water conveyance
structures.
• Proposed stormwater detention facilities and structures.
• Outdoor Lighting Plan
.Included on the site plan or as a separate sheet, if necessary, locate all
illuminating devices and include a description of each device, fixture,
lamp, support, reflector, pole, foundation /footing and other device
(including but not limited to manufacturers or electric utility catalog
specification sheets). There should also be a table included on the plan
that indicates the fixture classification (i.e. cutoff fixture, wall pack,
flood light, etc.).
For projects that will likely impact nearby residential developments, a
photometric plan (a point-by-point footcandle array in a printout format
indicating the location and aiming of illuminating devices) will be
required.
Site Plans must show and/or dimension the following information:
• Existing and Proposed Right-of-way and easements should be shown
and dimensioned.
0 Parcel/Lot Dimensions. (Tie to street monument)
® Existing and proposed rights-of-way improvements
(curb /gutter/sidewalk/driveways).
® Driveway locations and widths.
• Existing and proposed street names and classifications.
® Existing and proposed driveways along with size of drive.
® Raised islands, existing and proposed traffic signals and other traffic
control devices.
Site Plans must show the following information on all existing and proposed
buildings and structures:
® Location
® Dimension and square footage.
® Building height.
® Proposed building finished floor elevation
® Dimension building(s) to property lines and distances between
buildings
Label each building with the proposed use
Site Plans must show the following information regarding existing streets
adjacent to the development site:
• Right-of-way and pavement widths.
• Existing, proposed and anticipated street names and classifications.
• Existing and/or proposed access points.
• Acceleration and deceleration lanes (required on arterial streets).
• Traffic Island and other traffic control devices.
• Proposed curb cuts, service drives and drainage survey indicating that
stormwater flow will not be adversely affected.
• Pedestrian walkways or sidewalks including curb ramps where required.
• Location and length of queuing areas for drive through service areas.
® Location of proposed retaining walls (include detail and cross-section).
• Show and label screening/ buffering from adjacent Residential uses.
• Trash enclosure (include detail).
• Location, height and material of fences.
• Location, height, size, and type of any proposed ground sign (signs are
approved by separate permit).
0 Show all phases of development for each lot/site plan (if applicable).
m Location of all planned landscape areas.
Plan data table including the following information:
Site Area (Gross and Net)
® Gross Building Area
® Percent of Lot Coverage (show calculation)
® Parking Required and Provided (including ADA accessible)
Site Plans must also provide a narrative statement explaining the character of
the development (i.e. eating place, convenience goods, intensive outdoor
recreation, etc).
CHAPTER 7
INDUSTRIAL DISTRICT PROVISIONS
700 Purposes
710 Principal Uses
720
Accessory Uses
730
Bulk and Area Requirements
740
Site Plan Review
SECTION 700 PURPOSES OF INDUSTRIAL DISTRICTS
700.1 General Purposes
The Industrial Districts are designed to:
A. Achieve the industrial objectives of the Comprehensive Plan.
B. Meet the needs for industrial services and goods of the City of Owasso
trade area.
C. Preserve and promote the development of efficient industrial areas and
to minimize the adverse effects of industrial uses on other land uses and
thoroughfares by:
1. Differentiating the types and purposes of industrial activities.
2. Establishing bulk and area controls.
3. Requiring off-street loading and parking facilities.
4. Protecting the character of industrial districts and their peculiar
suitability for industrial uses.
700.2 Purposes of the IL Industrial Light Manufacturing, Research, and
Development District
The IL District is designed to provide an environment conducive to the
development and conservation of modern industrial and scientific research
facilities and to provide areas suitable for manufacturing, wholesaling,
warehousing, and other industrial activities which have no objectionable
environmental influences.
700.3 Purposes of the IM Industrial Moderate District
The IM District is designed to group together a wide range of industrial uses
which may produce moderately objectionable environmental influences in their
operation and appearance.
700.4 Purposes of the IH Industrial Heavy District
The IH District is designed to provide areas for manufacturing and other
industrial activities which may constitute substantial objectionable
environmental influences or hazards.
SECTION 710 PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS
710.1 Uses within the IL Industrial District
The principal uses permitted in the IL Industrial District are: abstract company,
advertising agency, agricultural implement sales, air conditioning and heating,
aircraft sales, ambulance service, arena, armored car service, artist's studio,
auctioneer, auto wash, automobile rental, bakery, bait shop, bindery,
broadcasting or recording studio, bottled gas, bottling plant, building contract
construction service and storage, cabinet maker, carpentry, carpeting,
cesspool cleaning, church, computing service, concrete construction service,
copying service, data processing service, decorating, drafting service, dental
clinic and laboratory, drapery service, electrical regulation station, electrician,
employment agency, enclosed scientific research and testing and development,
exterminator, fence, financial institution, fire protection facility, frozen food
locker, fuel oil, funeral home, gasoline service station, general business
offices, general merchandising establishment, grain elevators, greenhouse,
heavy construction contracting service, hospital, ice plant, janitorial service,
kennel, landscape contractor, laundry, linen supply, lumber yard, machine
repair, masonry, medical offices, mini storages, mobile home sales, monument
shaping and sales, oil well drilling and cleaning establishments, optical offices,
outdoor recreation, painting contractor, paper hanging contractor, pawn shop,
plastering contractor, plastic materials trade establishment, photography
studio, pharmacy, plumbing, portable storage building construction and sales,
post office, pressure control station, printing and publishing, race tracks (auto,
dog, horse), reupholstery, roofing, rodeo grounds, rug cleaning, school, sheet
metal, shelter (civil defense and storm), sign painting, skateboard track, stone
work, stadiums, storage, temporary open air facilities (such as a carnival,
Christmas tree sales, circus, and tent revival), taxidermist, the setting,
transportation ticket office, travel agency, trucking establishments, truck
rentals, vehicle repair, vehicle sales, vending sales and service, veterinary
office, warehouses, water storage facility, water well drilling and cleaning,
welding shop, wholesale establishments, window cleaning, and woodworking
shop.
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The following uses require a Specific Use Permit in the Light Industrial (IL)
District:
Airport
Barber Shop
Beauty Shop
Bus Station
Cafeteria
Candy store
Cemetery
Coffee Shop
Construction Contractor's
Office
Convict Prerelease Ctr.
Crematory
Delicatessen
Dairy Store
Drag Strip
Drive In Theater
Dry Cleaning
Fairgrounds
Florist
Frisbee Golf
Go Cart Track
Golf Driving Range
Governmental Services
Grocery Store
Gun Club
Heliport
Juvenile Delinquency Ctr.
Liquor Stores
Mausoleum
Newstand
Restaurant
Retail Trade not
Otherwise Classified
Rifle and Skeet
Range
Sanitary Landfill
Sewage Disposal
Tobacco Store
Water Treatment
Plant
Water Park
Gift Shop
The Specific Use Permit uses permitted in the IL District shalt follow the process
outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the IL District.
710.2 Uses within the IM Industrial District
The principal uses permitted in the IM Industrial District include all the principal
uses permitted in the IL Industrial District plus: manufacturing of: acetylene gas,
aluminum, bleaching powder, brass, brick, cellophane, celluloid, chlorine, coke,
copper, creosote, dextrin, disinfectant, dyestuff, fertilizer, gas (heating or
illuminating), gelatin, glucose, grease, hair, insecticide, lamp black, lard,
linoleum, matches, oil, oilcloth, paint, paper, pickle, printing ink, rayon, rubber,
sausage, sauerkraut, soap, soda ash, starch, tallow, turpentine, terra cotta,
varnish, vinegar, washing compound, and yeast; blast furnace; boiler works;
concrete ready mix plant; recreational uses such as: drag strip, fair grounds,
frisbee golf course, go-cart track, golf driving range, gun club, rifle and skeet
range, and waterslide; iron or steel foundry; rolling mill; sugar refining; tanning
or curing of leather; and wool scouring.
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The following uses require a Specific Use Permit in the Industrial Medium
Intensity (IM) District:
Airport
Barber Shop
Beauty Shop
Bus Station
Cafeteria
Candy store
Cemetery
Coffee Shop
Construction Contractor's
Office
Convict Prerelease Ctr.
Crematory
Delicatessen
Dairy Store
Drag Strip
Drive In Theater
Dry Cleaning
Retail Trade not
Fairgrounds
Otherwise
Florist
Classified
Frisbee Golf
Rifle and Skeet
Gift Shop
Range
Go Cart Track
Sanitary Landfill
Golf Driving Range
Sewage Disposal
Governmental Services
Tobacco Store
Grocery Store
Water Treatment
Gun Club
Plant
Heliport
Water Park
Juvenile Delinquency Ctr.
Liquor Stores
Mausoleum
Newstand
Restaurant
The Specific Use Permit uses permitted in the IM District shall follow the process
outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the IM District.
710.3 Uses within the IH Industrial District
The principal uses permitted in the IH Industrial District include all the principal
uses permitted in the IM Industrial District plus: auto salvage; manufacturing of:
acid, ammonia, asphalt, cement, explosives, glue, gypsum, time, and plaster of
paris; distillation of bones, coal, tar, or wood; fat rendering; incineration or
reduction of dead animals, garbage, offal or refuse; junk yard; refining of
petroleum or other crude materials; refuse dump; slaughtering of animals;
smelting; and stock yards;
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The following uses require a Specific Use Permit in the Industrial High Intensity
(IH) District:
Airport
Bus Station
Construction Contractors
Office
Convict Prerelease Ctr.
Crematory
Drag Strip
Go-Cart Track
Golf Driving Range
Governmental Services
Gun Club
Heliport
Juvenile Delinquency Ctr.
Rifle/Skeet Range
Sanitary Landfill
Sewage Disposal Facility
Water Park
Water Treatment Facility
The Specific Use Permit uses permitted in the IH District shall follow the process
outlined Section 1330.4, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the IH District.
SECTION 720 ACCESSORY USES PERMITTED IN INDUSTRIAL DISTRICTS
720.1 Accessory Uses Permitted
Accessory uses customarily incident to a principal use permitted in an industrial
district are permitted in such district.
720.2 Accessory Use Conditions
A. Accessory buildings shall meet the minimum building setback lines of the
applicable district.
B. An accessory building erected as an integral part of the principal
building shall be structurally a part thereof, shall have a common wall
therewith, and shall comply with the requirements applicable to the
principal building.
C. Accessory storage of materials, equipment, or products within 200 feet
of an abutting R or AG district shall be screened by the erection of a
screening wall or fence along the lot line or lines in common with the
abutting R district.
SECTION 730 BULK AND AREA REQUIREMENTS IN THE
INDUSTRIAL DISTRICTS
Table 1
BULK AND AREA REQUIREMENTS IN THE INDUSTRIAL DISTRICTS
REQUIREMENTS
IL
IM
IH
Frontage (Min. Ft.)
Arterial and Freeway Service Road
150
200
200
Non-Arterial
100
100
Floor Area Ratio (Max.)
N/A
N/A
N/A
Setback from Centerline of Abutting Street (Min. Ft.)
To the setback distance shown, add'/z of the right-of-
way width designated on the Major Street Plan, or 25
feet if the street is not designated.
Arterial and Freeway Service Road
50
50
50
Non-Arterial
25
25
25
Setback from Abutting AG, R, or 0 District boundary lines (Min. Ft.)*
50
75
100
Building Height (Max. Ft.)
N/A
N/A
N/A
Does not apply when lot abuts a freeway zoned AG, R, or 0; however, in
those instances a 10 feet setback shall be required.
SECTION 740 SITE PLAN REVIEW!
740.1 Purposes
By reason of potential adverse effects on public services or to neighboring land
uses, site plan review and approval by the Community Development
Department, after review by the Technical Advisory Committee, is required for
all industrial developments for the purpose of assuring proper accessibility,
circulation, functional relationships of uses and compatibility with adjoining
and nearby development. No building permit shall be issued, nor use
commenced within this development, except in accordance with an approved
site plan.
740.2 Application for Site Plan Review
An application for site plan review shall be filed with the Community
Development staff. The plan must show information showing compliance with
applicable sections of this code and all other applicable city codes and
ordinances. Appeals from denial of the Community Development staff shall be
made to the City Council.
Site Plan application packets must be submitted to the Community
Development Department no later than the 15t Business Day of the Month in
which the Owasso Technical Advisory Committee will address the Site Plan.
The Site Plan shall be accompanied by an application and checklist, as provided
by the City Planner, in the following format and with the following information:
Fifteen (15) Full Size Copies (24"x 36")-
• Ten (10) 1/2 Scale Copies*
• One 8 %z" x 11" Copy
*Plans should be folded to be no larger than 9"x12" in size
One Digital Copy (dwg. Format)
Completed application, $25.00 fee.
Owner authorization to proceed with application. Attach copy if
applicant is not record owner's agent.
SITE PLAN REQUIREMENTS:
Date, Indication of the scale (Minimum Scale 1"=100', 1"=20' preferred),
bar scale, north arrow and location map (does not have to be drawn to
scale).
Sufficient surrounding area to demonstrate the relationship of the
development to adjacent uses, both existing and proposed based on
topographic and/or ALTA survey or previously approved site plan. The
base information should include, but not be limited to, the existing
topographic character of site including trees, mass vegetation, wetland
delineation, etc., extending onto adjacent property a minimum of 40
feet.
• Location of all floodplain boundaries and notation of FEMA Flood
Insurance Rate Map (FIRM) with which the site is associated.
• Location and size of existing water, sanitary sewer, stormwater systems,
natural gas, telephone, cable, electric and any other utility adjacent to
or proposed to serve the site.
® Location and dimensions of required building setbacks, landscape
setbacks and\or easements.
® Zoning and land uses of all adjacent properties.
• Location and size of all existing and proposed parking areas including
driving, maneuvering lanes, and loading areas or berths.
• The location and dimension of all existing and proposed curb lines,
driveways and neighboring street intersections within 150' of project.
• The location of all existing and proposed storm water conveyance
structures.
Proposed stormwater detention facilities and structures.
• Outdoor Lighting Plan
Included on the site plan or as a separate sheet, if necessary, locate all
illuminating devices and include a description of each device, fixture,
lamp, support, reflector, pole, foundation /footing and other device
(including but not limited to manufacturers or electric utility catalog
specification sheets). There should also be a table included on the plan
that indicates the fixture classification (,i.e. cutoff fixture, wall pack,
flood light, etc.).
For projects that will likely impact nearby residential developments, a
photometric plan (a point-by-point footcandle array in a printout format
indicating the location and aiming of illuminating devices) will be
required.
Site Plans must show and/or dimension the following information:
® Existing and Proposed Right-of-way and easements should be shown
and dimensioned.
® Parcel/Lot Dimensions. (Tie to street monument)
Existing and proposed rights-of-way improvements
(curb/gutter/sidewalk/driveways).
® Driveway locations and widths.
Existing and proposed street names and classifications.
• Existing and proposed driveways along with size of drive.
• Raised islands, existing and proposed traffic signals and other traffic
control devices.
Site Plans must show the following information on all existing and proposed
buildings and structures:
• Location
• Dimension and square footage.
• Building height.
• Proposed building finished floor elevation
• Dimension building(s) to property lines and distances between
buildings
• Label each building with the proposed use
Site Plans must show the following information regarding existing streets
adjacent to the development site:
• Right-of-way and pavement widths.
• Existing, proposed and anticipated street names and classifications.
• Existing and/or proposed access points.
• Acceleration and deceleration lanes (required on arterial streets).
• Traffic Island and other traffic control devices.
• Proposed curb cuts, service drives and drainage survey indicating that
stormwater flow will not be adversely affected.
a Pedestrian walkways or sidewalks including curb ramps where required.
® Location and length of queuing areas for drive through service areas.
• Location of proposed retaining walls (include detail and cross-section).
8 Show and label screening/ buffering from adjacent Residential uses.
0 Trash enclosure (include detail).
® Location, height and material of fences.
Location, height, size, and type of any proposed ground sign (signs are
approved by separate permit).
® Show all phases of development for each lot/site plan (if applicable).
® Location of all planned landscape areas.
Plan data table including the following information:
® Site Area (Gross and Net)
® Gross Building Area
® Percent of Lot Coverage (show calculation)
® Parking Required and Provided (including ADA accessible)
Site Plans must also provide a narrative statement explaining the character of
the development (i.e. eating place, convenience goods, intensive outdoor
recreation, etc).
CHAPTER 12
BOARD OF ADJUSTMENT
1200
Establishment of the Board
1210
Powers of the Board
1220
Proceedings of the Board
1230
Notice of Public Hearing
1240
Fees
1250
Appeals from the Building Inspector
1260
Interpretation
1270
Variances
1280 Special Exceptions
1290 Appeals to the District Court
SECTION 1200 ESTABLISHMENT OF THE BOARD OF ADJUSTMENT
This is hereby established a Board of Adjustment of the City of Owasso,
Oklahoma, with the powers and duties hereinafter set forth. The Board of
Adjustment shall consist of five members who shall be residents of the City of
Owasso, Oklahoma and appointments of said members shall be made by the
City Council of Owasso, Oklahoma. Each member shall serve without pay for a
term of three years and vacancies shall be filled for an unexpired term of a
Board member, in the manner set forth for appointments to a full term. Upon
written charges and after public hearing, may be removed by the appointing
council for any one of the following causes:
(1) failure to attend three consecutive regular or special meetings, or failure
to attend two-thirds of the regular or special meetings held during any six-
month period; (2) actions and conduct unbecoming to a public official of the
City of Owasso, Oklahoma, and (3) repeated acts and conduct detrimental to
the peace, health, safety, and welfare of the citizens of Owasso.
The Board shall organize, elect its chairman, vice-chairman, and secretary, and
adopt rules necessary to the conduct of its affairs.
SECTION 1210 POWERS OF THE BOARD
The Board of Adjustment shall have the power to:
1. Hear and decide appeals, if it is alleged there is an error in any order,
requirement, decision, or determination made by an administrative
official in the enforcement of any zoning ordinance;
2. Hear and decide special exceptions to the terms of the ordinance upon
which the Board of Adjustment is required to pass subject to said
ordinance;
3. Authorize in specific cases such variances from the terms of the
ordinance as will not be contrary to the public interest, if, owing to
special conditions, a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship and so that the spirit of the
ordinance shall be observed and substantial justice done.
Exceptions and/or variances may be allowed by the Board of Adjustment
only after notice and hearing as provided for herein. The minutes of the
meeting at which the variance or special exception was granted shall
show that each element of a variance or special exception was
established at the public hearing on the question, otherwise said
variance or special exception shall be voidable on appeal to the District
Court.
1210.1 Conflict of Interest
Any member of the Board who shall have an interest in any property or in the
decision relating to such property, which shall be the subject matter of, or
affected by, a decision of the Board, shall be disqualified from participating in
the discussion, or proceeding of the Board in connection therewith.
SECTION 1220 PROCEEDINGS OF THE BOARD
Meetings shall be held at the call of the chairman and at such other times as
the Board may determine. The chairman, or in his absence, the vice-chairman,
or acting chairman may administer oaths and compel attendance of witnesses.
All meetings, deliberations, and voting of the Board shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the City Clerk and shall be a
public record. In all matters, the Board shall decide within 90 days after the
filing of an application for relief. The quorum, notice, filing and substantive
requirements of the Board shall be as set forth in the following sections
concerning the Board's exercise of a particular power.
SECTION 1230 NOTICE OF PUBLIC HEARING
The Board of Adjustment shall give notice and conduct a public hearing before
acting on any appeal from a determination of the Community Development
Department, or before granting any Special Exception or Variance.
Ten (10) days notice of public hearing shall be given as follows for a Special
Exception, Variance or Appeal from a determination of the Community
Development Department:
1. By publication in a newspaper of general circulation; and,
2. By mailing written notice to all owners of property within a three
hundred (300) feet radius of the exterior boundary of the subject
property.
The notice shall contain:
A. The legal description of the property and the street address or
approximate location of the property.
B. The present zoning classification of the property and the nature
of the relief sought.
C. The date, time and place of the hearing.
The responsibility of giving proper and timely notice and paying all costs
thereof shall be that of the applicant. Any action taken by the Board of
Adjustment on an application at a public hearing shall become null and void if
the applicant fails to comply with requirements set forth herein.
SECTION 1240 FEES
Application fees for a Variance or Special Exception shall be paid to the City
Clerk of the City of Owasso the amount of which shall be established by
resolution adopted by the City Council.
SECTION 1250 APPEALS FROM THE COMMUNITY DEVELOPMENT
DEPARTMENT
1250.1 General
An appeal to the Board of Adjustment may be taken by any person aggrieved or
by an officer, department, board or bureau of the City affected, where it is
alleged there is error in any order, requirement, decision or determination of
the Community Development Department in the enforcement of this code.
1250.2 Notice of Appeal
An appeal shall be taken within ten days from the determination complained of
by filing with the Community Development Department and with the Secretary
of the Board a notice of appeal, specifying the grounds thereof. The
Community Development Department, upon receipt of notice, shall transmit to
the Secretary of the Board and the City Clerk certified copies of all the papers
constituting the record of said matter. Upon receipt of the record, the
Secretary shall cause an investigation to be made upon the appeal and shall set
the matter for public hearing.
1250.3 Board of Adjustment Action
The Board shall hold the public hearing. The Board may reverse or affirm,
wholly or in part, or may modify the order, requirement, decision, or
determination appealed from and may make such order, requirement, decision,
or determination as ought to be made, and to that end shall have all the
powers of the officer from whom the appeal is taken. The Board shall make its
decision within 30 days after the final hearing, and the decision shall be in
writing and filed of record in the office of the City Clerk. The concurring vote
of three members of the Board shall be necessary to reverse any order,
requirement, decision, or determination of the Community Development
Department.
1250.4Stay of Proceedings
An appeal stays all proceedings in furtherance of the action appealed from,
unless the Building Inspector from whom the appeal is taken certifies to the
Board of Adjustment, after the notice of appeal shall have been filed with him,
that by reason of facts stated in the certificate, a stay would in his opinion
cause imminent peril to life or property. In such case, proceedings shalt not be
stayed other than by a restraining order granted by the Board or by the Court
of proper jurisdiction on due and sufficient cause shown.
SECTION 1260 INTERPRETATION
A. The Board shall interpret the text of this code or the Official Zoning Map
upon an appeal from a determination of the Building Inspector after
compliance with the procedural standards of Section 1350.
B. Where a question arises as to the zoning district classification of a
particular use, the Board of Adjustment, upon written request of the
Building Inspector, may find and determine the classification of the use
in question and may, prior to such determination, order the giving of
notice and hold a public hearing.
SECTION 1270 VARIANCES
1270.1 General
The Board of Adjustment, upon application, and after notice (when notice is
required) and public hearing, may grant variances from the terms of this code
only upon a finding that the variance will not cause substantial detriment to
the public good or impair the spirit, purposes and intent of this code, or the
Comprehensive Plan, where by reason of exceptional narrowness, shallowness,
shape, topography, or other extraordinary or exceptional situation, condition,
or circumstance peculiar to a particular property, the literal enforcement of
the code will result in unnecessary hardship. The Board shall not vary any
jurisdictional requirements such as notice.
1270.2Application
A request for a variance shall be initiated by the filing of an application with
the City Clerk and shall be set for public hearing by the City Clerk in
accordance with the rules established by the Board.
1270.313oard of Adjustment Action
The Board shall hold the public hearing and, upon the concurring vote of three
members, may grant a variance only upon a finding that:
1. The application of the ordinance to the particular piece of property
would create an unnecessary hardship;
2. Such conditions are peculiar to the particular piece of property involved;
and,
3. Relief, if granted, would not cause substantial detriment to the public
good, or impair the purposes and intent of the ordinance or the
Comprehensive Plan.
Provided that the Board in granting a variance shall prescribe appropriate
conditions and safeguards, and may require such evidence and guarantee or
bond as it may deem necessary to enforce compliance with the conditions
attached.
1270.4Time Limitation on Variances.
A variance which has not been utilized within one year from the date of the
order granting the variance shall thereafter be void. For the purpose of this
provision, utilization shall mean actual use or the issuance of a building permit,
when applicable, provided construction is diligently carried to completion.
SECTION 1280 SPECIAL EXCEPTIONS
1280.1 General
The Board of Adjustment, upon application, and after notice and public hearing
subject to the procedural and substantive standards hereinafter set forth, may
grant the following special exceptions:
A. The change of a nonconforming use as provided in Chapter 11,
Nonconformities.
B. The restoration of a partially destroyed structure containing a
nonconforming use as provided in 11, Non conformities.
C. The restoration of a partially destroyed nonconforming structure as
provided in Chapter 11, Non conformities.
The modification sGFe+eR' ron o nt, provided iR Sect}nnr 50,
Chapter 2, °rn ;s. GeReFat. The modification of the
screening requirement as provided in Chapter 2, Section 240.2 (c)
E. Off-street parking use of property located within a residential district,
when the property is abutting an office, commercial or industrial
district.
1280.2Application
A request for a Special Exception shall be initiated by the filing of an
application with the City City Planner and shall be set for public hearing
by the City City Planner in accordance with the rules established by the
Board.
1280.3Board of Adjustment Action
The Board of Adjustment shall hold the public hearing and, upon the concurring
vote of three members, may grant the Special Exception after finding that the
Special Exception will be in harmony with the spirit and intent of the code, and
will not be injurious to the neighborhood or otherwise detrimental to the
public welfare. Provided that the Board in granting a Special Exception shall
prescribe appropriate conditions and safeguards, and may require such
evidence and guarantee or bonds as it may deem necessary to enforce
compliance with the conditions attached.
1280.4Time Limitation on Special Exceptions
A Special Exception which has not been utilized within one year from the date
of the order granting same shall thereafter be void, provided that the Board
has not extended the time for utilization. For the purpose of this provision,
utilization shall mean actual use or the issuance of a building permit, when
applicable, provided construction is diligently carried to completion.
SECTION 1290 APPEALS TO THE DISTRICT COURT
1290.1 Procedure
An appeal from any action, ruling, decision, judgment, or order of the Board of
Adjustment may be taken by any person or persons aggrieved, or any taxpayer
or officer, department, board, or bureau of the city to the District Court, by
filing with the City Clerk and with the Secretary of the Board within ten days
from the date of such action, a notice of appeal, which notice shall specify the
grounds of such appeal. No bond or deposit for costs shall be required for such
appeal. Upon filing of the notice of appeal, the City Clerk shall transmit to the
Court Clerk of the County the original or certified copies of all the papers
constituting the record in the case, together with the order, decision, or ruling
of the Board. Said case shall be heard and tried de nova in the District Court of
Tulsa County, Oklahoma. An appeal shall be from the action of the District
Court as in all other civil actions. All issues in any proceedings under this
section shall have preference over all other civil actions and proceedings.
Costs shall not be allowed against the Board unless it shall appear to the Court
that it acted with gross negligence or in bad faith, or with malice in making the
decision being appealed.
1290.2Stay of Proceedings
An appeal to the District Court stays all proceedings in furtherance of the
action appealed unless the chairman of the Board certifies to the Court Clerk,
after notice shall have been filed, that by reasons of facts stated in the
certificate, a stay would cause imminent peril to life or property. In such case,
proceedings shall not be stayed other than by a restraining order granted by
the District Court.
CHAPTER 13
AMENDMENTS
1300 General
1310 Policy on Zoning Map Amendments
1320 Zoning Text Amendments
1330 Zoning Map Amendments
SECTION 1300 GENERAL
The regulations, restrictions, prohibitions, and limitations imposed and the
districts created by Chapters 1-16 and Appendices may from time to time be
amended, supplemented, changed, modified, or repealed by ordinance, but no
change shall be made until the Planning Commission, after notice and public
hearing, files with the City a report and recommendation on the proposed
change. In addition to the procedural provisions hereinafter set out, the
Planning Commission shall adopt procedural rules for the conduct of zoning
public hearings.
SECTION 1310 POLICY ON ZONING MAP AMENDMENTS
It shall be the policy of the City of Owasso, Oklahoma that in consideration of
proposed amendments to this code that:
Amendments will be adopted to recognize changes in the Comprehensive Plan,
to correct error, or to recognize changed or changing conditions in a particular
area or in the jurisdictional area generally. Zoning map amendments must be
in compliance with the Owasso Land Use Master Plan.
SECTION 1320 ZONING TEXT AMENDMENTS
The Planning Commission, upon its own motion, may, or at the direction of the
City Council shall, hold a public hearing, giving notice thereof, of a proposed
text amendment. After holding the public hearing, the Planning Commission
shall within 30 days transmit its report and recommendation to the City
Council.
SECTION 1330 ZONING MAP AMENDMENTS
1330.1 Application and Fees
A. An amendment to the Zoning Map shall be initiated by the filing of an
application with the Community Development Department. An
application shall be in such form and content as the Planning
Commission may by resolution establish and shall be accompanied by the
payment of a fee, the amount of which shalt be established by resolution
adopted by the Planning Commission and approved by the City Council.
Costs of notice and posting of signs shall be billed to the applicant. The
applicant shall be required to pay an ordinance publication fee if the
application is approved.
B. An application shall be filed with the City Clerk and shall be set for
public hearing.
1330.2Notice Required
The Planning Commission shall give twenty (20) days notice of a public hearing
on a proposed map amendment by publication in a newspaper of general
circulation and shall include a map of the area to be affected which indicates
street names or numbers, streams or other significant landmarks in said area.
Twenty (20) days notice of public hearing shall be given by mailing notice to all
owners of property within in 300 feet radius of the exterior boundary of the
subject property. In addition, twenty (20) days notice of public hearing shall
be given by posting the property sought to be zoned. The notice shall contain:
A. Date, time, and place of the public hearing.
B. Legal description of the property and the street address or approximate
location of the property.
C. By whom the public hearing will be conducted.
D. Proposed use of the property.
E. Present zoning district classification of the property and the proposed
zoning district classification, provided:
Notice of a proposed RM-2 rezoning shall confer jurisdiction on
the Planning Commission to consider and act upon RM-2, RM-1,
RTH, RD, RS-3, RS-2, RS-1, and RE, or combinations thereof in the
disposition of the application, and in like manner, notice of any R
District, including RMH, shall confer jurisdiction to consider any
less dense R District, except RMH.
2. Notice of a proposed CH rezoning shall confer jurisdiction on the
Planning Commission and City Council to consider and act upon
CH, CG, CS, OM, and OL or combination thereof in the disposition
of the application, and in like manner, notice of any C District
shall confer jurisdiction to consider any less intense C District or
any 0 District, and notice of any 0 District shall confer
jurisdiction to consider any less intense 0 District.
3. Notice of a proposed IH rezoning shall confer jurisdiction on the
Planning Commission and City Council to consider and act upon
IH, IM, IL or combination thereof in the disposition of the
application, and in like manner, notice of any I District shall
confer jurisdiction to consider any less intense I District.
4. Specific notice of a proposed AG, PUD or RMH district shall be
required to confer jurisdiction on the Planning Commission and
City Council to consider such AG, PUD, or RMH District.
1330.3Planning Commission Action on Zoning Map Amendments
After notice and public hearing, the Planning Commission shall vote to:
A. Recommend to the City Council that the application be approved as
submitted, or as amended, or be approved subject to modification or,
B. Recommend to the City Council that the application be denied, and:
1. An application recommended for approval or approval subject to
modification, shall be transmitted, with the report and
recommendations of the Planning Commission, to the City Council
within 15 days from the date of Planning Commission action.
2. An application recommended for denial shall not be considered
further unless the applicant within 15 days from the date of the
Planning Commission, files a written request with the City Clerk
for a hearing by the City Council. Upon notice of such request,
the Planning Commission shall forthwith transmit the application
and its report and recommendation to the City Council.
C. In the event that the Planning Commission arrives at a tie vote it shall be
transmitted, with a report and notation of the tie vote, to the City
Council within 15 days from the date of Planning Commission action.
1330.4City Council Action on Zoning Map Amendments
The City Council shall hold a hearing on each application transmitted, and after
the public hearing shall approve the application as submitted or as amended or
deny the application.
When the City Council has denied an application to amend the zoning
classification of a particular tract of land, no subsequent application on such
tract or portion thereof, shall be set for public hearing by the Planning
Commission until 180 days have elapsed from the date of the Planning
Commission action on the original application.
Prior to the adoption and publication of a rezoning ordinance, the applicant
shall remit to the office of the City Clerk the payment necessary to cover the
cost of the ordinance publication. The City Clerk shall not cause the ordinance
to be published prior to such payment.
1330.5 SPECIFIC USE PERMITS
A. Purpose
This section provides a discretionary approval process for Specific Use Permits, which
are required for uses that have unique or widely varying operating characteristics or
unusual site development features. The uses classified as specific uses tend to more
intensely dominate the area in which they are located than do other permitted uses in
the district. Care should be taken to integrate specific land uses with other uses in the
area and to prevent adverse impacts on the community at-large. The procedure
encourages public review and evaluation of a use's operating characteristics and site
development features. This review process is intended to provide assurance to the
community that such uses wilt be compatible with their locations and surrounding land
uses and will further the purposes of this Ordinance.
B. Relationship to Site Plan Requirements
A conceptual site plan shall be submitted with specific use permit application. The
formal site plan that is submitted later shall be in substantial compliance with the
conceptual site plan approved by the City Council.
C. Procedure
The following review procedure shall be followed for Specific Use Permits. With the
exception of the following modifications, the standard development review procedures
for zoning map amendments shall apply.
Step 1 A Pre-Application Conference shall be held with the Community Development
Department prior to submitting an application
Step 2 Development Application Submittal
Step 3 The Community Development Department Staff shall make a Determination of
Application Completeness
Step 4 Notice Published
Step 5 Staff Report
Step 6 Public Hearing
Step 7 Decision and Findings - The following additional procedures shall apply:
D. Planning Commission's Review and Recommendation
The Planning Commission shall hold a public hearing on the proposed application and,
within thirty (30) days from the date of receipt of the completed application take one
of the following actions:
1. Recommend approval
2. Approve with modifications and/or conditions
3. Deny the request
The Planning Commission may place conditions on the use as part of the approval to
assure adequate mitigation measures are associated with the use. The conditions shall
become a part of the Specific Use Permit approval and shall be included as part of the
site plan. The Commission may continue the hearing on the decision for a maximum of
sixty (60) days. The recommendation shall be referred to the City Council for final
action.
A. City Council Review and Action
Upon receipt of the Planning Commission's recommendation, the City
Council shall approve, approve with modifications and/or conditions, or
deny the application, or request that the application be further
reviewed by the Planning Commission.
B. Indication on Zoning Map Required
A zoning change is not required for Specific Use Permits; however, the
location of each approved Specific Use Permit shall be indicated on the
zoning map as follows: "SP-( ) (the number of the request for a
specific use permit)".
Step 8. Approval Criteria
Applicable, as follows: A Specific Use Permit may be approved only if the City Council
finds that all of the following criteria have been met:
a. The proposed use is consistent with the comprehensive plan and all
applicable provisions of this Ordinance and applicable state and federal
regulations;
b. The proposed use is consistent with the purpose and intent of the
zoning district in which it is located;
c. The proposed use is consistent with any applicable Specific Use
Permit standards.
d. The proposed use is compatible with adjacent uses in terms of scale,
site design, and operating characteristics (hours of operation, traffic
generation, lighting, noise, odor, dust, and other external impacts);
e. Any significant adverse impacts anticipated to result from the use
will be mitigated or offset to the maximum extent practicable;
f. Facilities and services (including sewage and waste disposal, water,
gas, electricity, police and fire protection, and roads and
transportation, as applicable) will be available to serve the subject
property while maintaining adequate levels of service for existing
development;
g. Adequate assurances of continuing maintenance have been provided;
and
Step 9. Conditions of Approval
a. Any of the conditions imposed by the permit shall be considered as
conditions precedent to the granting of a building permit for the
specific use allowed.
b. Following approval, a site plan meeting the conditions specified in
the Specific Use Permit shall be required of the applicant and shall be
submitted and processed.
c. The Specific Use Permit is valid only for the use for which it was
approved. Any changes or alterations of the use, other than what the
Specific Use Permit allows, shall constitute a violation of the zoning
code and be subject to penalties as described in Chapter 11,
Enforcement.
Step 10. Amendments
No approved Specific Use Permit may be modified, physically expanded, hours of
operation extended, or otherwise altered unless amended in accordance with the
procedures applicable to initial approval of a Specific Use Permit as set out in the
Zoning Ordinance.
Step 11. Lapse
a. In the event of noncompliance by the applicant with the Specific Use
Permit or any conditions of approval, or if the specific use is not in
operation within one year after the date of its approval, the Specific
Use Permit shall expire. An applicant may file an application to renew
the Specific Use Permit. Such renewal shall occur in the same manner as
for original approval as provided in this section.
b. Should the Specific Use cease operation for a period longer than one
(1) year, the permit shall be considered void and shall require a new
application.
c. Specific Use Permits are only valid for the use for which they are
approved. No change, alteration, or variation from the approved permit
shall be permitted, unless the applicant obtains a new Specific Use
Permit.
CHAPTER 14
DEFINITIONS
1400 Definitions
SECTION 1400 DEFINITIONS
Abutting: In the context of a screening or enclosure requirement, abutting
shall mean contiguous or separated there from only by a non-arterial street. In
other instances, abutting shall mean contiguous.
Accessory Uses or Structure: A use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or
structure.
Alley: A permanent public way providing a secondary means of access for
service and emergency vehicles, and not intended for general traffic
circulation.
Arterial: A street designated on the Major Street Plan as a primary arterial or
secondary arterial.
Board of Adjustment: The Board of Adjustment of the City of Owasso,
Oklahoma.
Building: A structure which is permanently affixed to the land, and has one or
more floors and a roof, and is bounded by either another building with a
common party wall, open air, or the lot lines of a lot.
Building Height: The vertical distance measured form the average ground
elevation at the building wall to the highest horizontal point of the structure.
Building Setback: The horizontal distance, from the point of measurement,
such as the centerline of an abutting street or the boundary line of an abutting
zoning district to the nearest building wall.
Care Home: Premises used for the housing and caring for the aged or infirmed,
and includes convalescent homes, homes for the aged, and nursing homes.
Cemetery: Land used or intended to be used for the interment of human
remains and dedicated for cemetery purposes, including crematories,
mausoleums and mortuaries when operated in conjunction with and within the
boundary of such cemetery.
Certificate of Occupancy: An official certificate issued by the City through the
enforcing official which indicated conformance with the zoning regulations and
authorizes legal use of the premises for which it is issued.
Child Care Center: Any place, home, or institution which cares for four (4) or
more children under the age of sixteen (16) years, apart form their parents,
guardians, or custodians for regular periods of time for compensations;
provided, however, that the term "child center" shall not include or apply to
bona fide schools, custody fixed by a court, children related by blood or
marriage within the third degree of the custodial person, or churches and other
religious or public institutions caring for children within an institutional
building.
City Council: The governing and legislative body of the City of Owasso,
Oklahoma.
Copy Area: The net geometric area enclosed by the smallest rectangles
encompassing the outer extremities of all letters, figures, characters, and
delineations contained in the sign.
Cluster Housing Development: A residential development containing attached
or detached units on a limited portion of land with the remaining land areas
consolidated into common open space areas.
Curb Level: The mean level of the established curb at the frontage of a lot.
Where no curb has been established, the City Engineer shall establish such curb
level or its equivalent for the purposes of this code.
Development: any man-made change to improved or unimproved real estate,
including but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation, or drilling operations.
Display Surface: The surface of a sign upon, against, or through which the
message is displayed or illustrated.
Display Surface Area: The net geometric area enclosed by the display surface
of the sign including the outer extremities of all letters, figures, characters,
and delineations, but not including the structural supports for free-standing
signs if said structural supports are not arranged to become a part of the
attention attracting aspects of the sign provided, that as applied to wall or
canopy signs having a nonilluminated background, display surface area shall
mean copy area.
Dust Free Surface: Surface constructed of double bituminous concrete or
asphaltic concrete.
Dwelling: A building or structure used in whole or in part for human
inhabitation.
Dwelling, Duplex: A building containing two dwelling units, designed for
occupancy by not more than two families. Included are all forms of
manufactured duplex dwellings but excluding mobile homes.
Dwelling, Manufactured: A structure designed and intended for human
occupancy on a year-round or temporary seasonal basis which has ;undergone
at least partial prefabrication or preassembly under indoor factory conditions,
excluding dwellings utilizing only prefabricated or preassembled sublements
such as roof trusses, floor trusses, plumbing trees, or wiring harness. Included
are the following sub-classes:
a. Pre-cut - a manufactured dwelling involving no preassembly but all
components have been cut and fabricated and then assembled on-site;
b. Panelized - a manufactured dwelling partially preassembled into roof,
wall, floor, and ceiling components (which may range from exposed
wood to having all finishing completed) which are assembled on-site,
and constructed to national building code standards;
C. Sectionalized or Modular - a manufactured dwelling partially
preassembled into two or more sections, none of which are habitable
individually, permanently joined together and, utilize customary
residential siding and roofing materials, built to national building code
standards and are either:
1) Wood frame units designed to be transported by flat-bed truck
and installed on conventional permanent foundations, or,
2) Chassis/under-carriage units designed to be towed or structurally
capable of being towed on wheels and installed on permanent
foundations after all hitches, running gear and chassis have been
removed,
d. Mobile Home - a manufactured dwelling, either a portable or mobile
living unit used or designed for human occupancy, having been manufactured
to the Federal Manufactured Home Construction and Safety Standards and
bearing a HUD label red in color, identifying the home as a "Manufactured
Home."
Dwelling, Multifamily: A building containing three or more dwelling units.
Included are all forms of manufactured multifamily dwelling but excluding
mobile homes.
Dwelling, Single Family: A building, other than a mobile home, containing one
dwelling unit designed for occupancy by not more than one family, and
certified as complying with the building code of this jurisdiction whether
constructed on or off site.
Dwelling Unit: A room or group of rooms arranged, intended, or designed as a
habitable unit, containing kitchen, bath, and sleeping facilities, for not more
than one family living independently of any other family.
Family: One or more persons occupying a single dwelling unit, provided that
unless all members are related by blood, marriage, or other domestic bonds, no
such family shall contain over three persons, but further provided that
domestic servants may be housed on the premises without being designated as
a family.
Floodplain: The land area adjoining a watercourse or drainage way which
would be inundated by the floodwater of the regulatory flood based on full
urbanization of the watershed.
Floodway: The channel of a watercourse or drain way and those portions of the
adjoining floodplain which are reasonably required to carry and discharge the
regulatory flood.
Floodway Fringe: Those portions of the floodplain which are not reasonably
required to carry and discharge the floodwater of the regulatory flood.
Floor Area: The sum of the gross horizontal areas of the several floors,
including basements, of a building measured from the exterior faces of the
exterior walls or from the centerline of walls separating two buildings.
Provided that for the purpose of determining compliance with the permitted
floor area, the floor area of enclosed required off-street parking areas shall not
be included.
Floor Area Ratio: The floor area of a building or buildings on a lot divided by
the lot area.
Foster Home: A dwelling used in whole or in part as living quarters for three
(3) persons who are not members of the family occupying said dwelling, but are
under their supervision.
Frontage: The lineal measurement of a lot boundary which abuts a public
street or the lineal measurement of the building setback line when the
boundary of the lot abuts a curbed nonarterial street or cul-de-sac.
Habitable Floor: Any floor usable for living purposes, which includes working,
sleeping, heating, cooking or recreation or a combination thereof. A floor used
for storage purposes only is not a "habitable floor."
Halfway House: A building used in whole or in part as a treatment center and
dwelling quarters for persons unrelated by blood or marriage, who are
undergoing care or rehabilitation for alcoholism or other forms of drug abuse.
Height, Building: See Building Height.
Height, Sign: The vertical distance measured from the curb level to the
highest point of the sign.
Home Occupation: Any occupation or activity conducted within a dwelling unit
which is clearly incidental and subordinate to the use of the premises for
dwelling purposes.
Hundred Year-Frequency Flood: A flood having an average frequency of
occurrence once in 100 years, although the flood may occur in any year, based
on statistical analyses of stream flow records available for the watershed and
analyses of rainfall and runoff characteristics in the general region of the
watershed.
Kennel: The use of land or building for the purpose of selling, breeding,
boarding or training cats or dogs or both.
Land Area: The area of a lot plus one-half or 30 feet, whichever is less, of the
right-of-way of any abutting street to which the lot has access.
Land Coverage: The land area of a lot covered by building or buildings, except
structural parking.
Livability Space: The open space of a lot which is not allocated to or used for
off-street parking or loading areas or for paved access to the off-street parking
or loading area.
Loading Berth, Off-Street: A space of at least 10 feet in width and 30 feet in
length and having a vertical clearance of at least 14 feet, designed and located
on a lot for the temporary parking of commercial vehicles while loading or
unloading merchandise or materials.
Lot Area: The total horizontal area within the lot lines of a lot.
Lot Line: Any boundary of a lot.
Lot Line, Front: The boundary of a lot which abuts a public street. Where the
lot abuts more than one street, the owner may select the front lot line.
Lot Line, Rear: The boundary of a tot which is most distant from and most
nearly parallel to the front lot line.
Lot Line, Side: Any boundary of a lot which is not a front lot line or a rear lot
line.
Lot of Record: A lot which is a part of a subdivision, the plat of which has been
recorded in the office of the County Clerk of the County in which the lot is
located or a parcel of land, the deed of which is recorded in the office of the
County Clerk of the County in which the parcel is located.
Lot Width: The average horizontal distance between the side lot lines.
Mini-Storage: A building containing small partitioned storage spaces, which are
separately and individually rented or leased, for the storage of personal goods
or merchandise, but excluding commercial warehousing as described in Use
Unit 17.
Mobile Home: A structure, transportable in one or more sections, which is built
on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. It does not include
recreational vehicles or travel trailers.
NA: Not Applicable.
NEC: Not Elsewhere Classified.
Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge conduit, culvert, building,
wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across or
projecting into any channel, watercourse, or regulatory flood hazard area
which may impede, retard, or change the direction of the flow of water, either
in itself or by catching or collecting debris carried by such water, or that is
placed where the flow of water might carry the same downstream to the
damage of life or property.
Overspeed Control: A mechanism used to limit the speed of blade rotation to
below the design limits of the WECS.
Parking Duration: The length of time an individual vehicle remains in a given
parking space. Duration is a function of the driver's trip, purpose and increases
with increasing city size.
Parking Space, Off-Street: A space on a lot intended and reserved for the
parking of an automobile. Such space to be of at least nine (9) feet in width by
twenty (20) feet in length, together with a driveway connecting the space with
a street or alley and permitting safe ingress or egress of an automobile.
Pavement: Surface constructed of double bituminous concrete or asphaltic
concrete.
Planning Commission: The City of Owasso, Oklahoma Planning Commission.
Planned Unit Development: A discretionary type of development for a tract of
land under single ownership or control, based upon an approved development
plan permitting flexibility of principal land uses, lot sizes, and accessory uses
not otherwise available under conventional development standards.
Private Club: Reference is hereby made to that section of the code of the City
of Owasso, Oklahoma defining "private club."
Recreational Vehicle: A vehicular structure, portable or self propelled,
designed as a temporary dwelling for travel use or recreational use not
exceeding 35 feet in length.
Regulatory Flood: A flood having a one (1) percent chance of being equaled or
exceeded in any given year based upon the full potential urbanization of the
contributing watershed considering the Comprehensive Plan, adopted
Floodplain Management Policies and the watershed Master Drainage Plan where
adopted.
Setback: A horizontal distance determining the location of a building with
respect to a street, use district boundary line, or another use. Where the term
"setback" is used in conjunction with a modifying word or words such as
"parking area", the setback shall in its application include, but not be limited
to, buildings.
Special Exception: A use a design-element of a use which iS RG per mii cc°v
if ` GRtrnlled in the nartiGuiaF inetaRce as to its relat;,,.,..NP tG the
v i as-v a
neinhhnrheed and the geneFal wetfaFe Fnay he permitted by the Be rrl of
tL,rhP_ e11hct-ntiye 'nd preGei-luFa standards of the code A design element or
structure that may not conform to the dimensional or spatial requirements of the
base zoning district in which it is located, but may be allowed under certain
circumstances with approval from the Board of Adjustment.
Specific Use Permit: A permit approved and issued for use or development, which must
be acquired before a specific use can be constructed or started.
Street Wall: The wall or part of the building nearest to the street line.
Structure: Anything constructed or erected with a fixed location on the
ground, or attached to something having a fixed location on the ground, and
includes buildings, walks, fences, and signs. Provided that, for the purposes of
Chapter 10, Floodway Zoning District "structure" means a walled and roofed
building that is principally above ground, as well as a mobile home.
Substantial Improvement: Any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value
of the structure either, (1) before the improvement of repair is started, or (2)
if the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration affects the external dimensions of
the structure . The term does not, however, include either (1) any project for
improvement of a structure to comply with the existing state or local health,
sanitary, or safety code specifications which are solely necessary to assure safe
living conditions, or (2) any alteration of a structure listed on a National
Register of Historic Places or a State Inventory of Historic Places.
Supplemental District: A zoning district to be mapped as an overlay to a use
district and which modifies or supplements the regulations of the general
district in recognition of distinguishing circumstances such as unit development
of flooding propensity while maintaining the character and purposes of the
general use district area over which it is superimposed.
Top Plate: The horizontal timber directly carrying the trusses of a roof or the
rafters.
Townhouse Development: A row of at least two attached dwelling units each
separated by a party wall on individual lots and designated for separate
ownership of the individual dwelling units with no separate dwelling unit
constructed above anther dwelling unit.
Travel or Recreation Vehicle: A vehicular portable structure or a self propelled
structure designed as a temporary dwelling for travel use or recreational use,
not to exceed 35 feet in length.
Variance: A relaxation of a restriction of the code, granted by the Board of
Adjustment, where by reason of exceptional narrowness, shallowness, shape,
topography, or other extraordinary or exceptional situation, condition or
circumstance of a particular property, the literal enforcement of the code
restriction would result in unnecessary hardship.
Veterinary Clinic: A building used exclusively for the care and treatment of
animals, including incidental overnight boarding of animals within the enclosed
building, but excluding outside animal runs or boarding services.
Wind Energy Conversion System: (WECS, wind turbine, wind generator,
windmill, and wind machine)-- a machine that converts the kinetic energy in
the wind into a usable form of electrical or mechanical energy. The WECS
includes all parts of a system except the tower and the transmission
equipment.
Yard: An open unoccupied space on a lot between a building and a lot line.
Yard, Front: A yard extending along the full length of the front lot lines
between the side lot lines.
Yard Required: The minimum permitted distance of open unoccupied space
between a building and a lot line.
Yard, Rear: A yard extending along the full length of the rear lot line between
the side lot lines.
Yard, Side: A yard extending along a side lot line between the front yard and
the rear yard.
CHAPTER 15
TELECOMMUNICATION TOWERS
1510 Definitions
1520 Telecommunication Towers
SECTION 1510 DEFINITIONS
For the purpose of this section, the following words and phrases shall have the
meaning ascribed to them as follows:
1. The term "telecommunications tower" means a structure more than ten
feet tall, built primarily to support one or more telecommunications
antennas.
2. The term "telecommunications" means the transmission, between or
among points specified by the user, or information of the user's
choosing, without change in the form or content or information as sent
and received.
3. The term "telecommunications service" means the offering of
telecommunications for a fee directly to the public, or to such classes of
users as to be effectively available directly to the public, regardless of
the facilities used.
4. The term "antenna" means any structure or device used to collect or
radiate electromagnetic waves, including both directional antennas,
such as panels or dishes, and Omni-directional antennas, such as whips,
but not including satellite earth stations.
5. The term "telecommunications antenna" means an antenna used to
provide a telecommunications service.
6. The term "antenna array" means a structure attached to a
telecommunication tower that supports telecommunication antennas.
7. The term "whip antenna" means an omni-directional dipole antenna of
cylindrical shape that is no more than six inches in diameter.
8. The term "non whip antenna" means an antenna that is not a whip
antenna, such as dish antennas, panel antennas, etc.
9. The term "EIA-222" means Electronic Industries Association Standard
222, "Structural Standards for Steel Antenna Towers and Antenna
Support Structures"
10. The term "historically significant landscapes" and "architecturally
significant structures" shall apply to those areas identified as such
within the National Register of Historic Places.
SECTION 1520 TELECOMMUNICATION TOWERS
(A) NO SPECIAL EXCEPTION SPECIFIC USE PERMIT REQUIRED
(1) Permitted By Right - Telecommunication towers are a permitted
use in all CG, CH, IL, IM, and IH if proposed towers satisfy the
following requirements. Telecommunication towers permitted
under this subsection may exceed compatibility and base district
height restrictions.
(a) Aesthetic Protection
Telecommunication facilities shall be so located to ensure
that historically significant landscapes are protected. The
views of vistas from architecturally and/or historically
significant structures should not be impaired or diminished
by the placement of telecommunication facilities.
(b) Setback
Tower shall be a minimum of 200' from any RS-3 or more
restrictive district.
(c) Height
Tower height, excluding antenna array, does not exceed:
(1) 75 feet, if the tower is at least 200 feet but less
than 250 feet, from any RS-3 or more restrictive
district.
(2) 100 feet, if the tower is at least 250 feet but less
than 350 feet, from any RS-3 or more restrictive
district.
(3) 120 feet if the tower is 350' or greater, from any RS-
3 or more restrictive district.
(d) Antenna Array Height
The antenna array does not exceed the tower height by
more than 10 feet.
(e) Setback of Guy Wires
All guy wires and guy anchors are setback a minimum of 20
feet from any property line.
(f) Tower Type
The tower is of monopole design, or one of equal or lesser
impact, if located within 350' of any RS-3 or more
restrictive district.
(g)
(h)
(i)
(J )
Co-Location
A telecommunication tower must be designed and built so
as to be capable of use by at least three wiretess
communication providers such as cellular or PCS providers
using antenna arrays of 9 to 12 antennas each within 15
vertical feet of each other with no more than three
degrees twist and sway at the top elevation. The owner of
the tower and the property on which the tower is located
must certify to the City that the antenna is available for
use by at least two other wireless telecommunication
providers on a reasonable and nondiscriminatory basis and
at a cost not exceeding the market value for the use of the
facilities. If the property on which the tower is proposed
to be located is to be leased, the portions of the actual or
proposed lease that demonstrate compliance with the
requirements of this paragraph shall be submitted with the
building permit application.
Security Fencing
The base of tower is enclosed by security fencing.
Compliance with Applicable Regulations
The tower is constructed and operated in compliance with
current Federal Communication Commission and other
applicable federal and state standards.
Neighborhood Impact
The proposed tower location will not cause a negative
impact on any residential neighborhood. In determining
neighborhood impact, the Director shall consider the
opinion of record property owners within 300', but the
Director shall not be bound by such opinions expressed.
(k) Removal of Tower
Upon the discontinuance of use of any such tower for a
period of thirty (30) days, said tower is to be removed by
the applicant /owner.
(2) Replacement of Existing Poles - Telecommunication towers
erected to replace existing poles are permitted in all zoning
districts, provided that:
(a) The pole replaced is a functioning utility pole or light
standard within an established utility easement or public
right-of-way, recreational facility light pole, or
telecommunication tower.
(b) Replacement tower height, including antenna array does
not exceed:
(1) The height of the original utility, light standard,
or recreational facility light pole by more than 10
feet; or
(2) The height of the original telecommunication
tower and antenna array.
(c) The pole replaced does not obstruct a public sidewalk,
public alley, or other public right=of-way, and
(d) Pole appearance and function, except for antenna, are not
significantly altered.
(3) Placement on Existing Poles - permitted in all zoning districts,
provided that:
(a) Telecommunication antennas are permitted on existing
utility, lighting, telecommunication towers, and sign
structures at or exceeding 50 feet in height.
(b) Provided that the antenna does not exceed the height of
the structure by more than ten (10) feet if a non-whip type
or fifteen (15) feet if a whip type.
(c) Telecommunication antennas located on existing structures
are not subject to the 5,000 feet separation requirement.
(d) If any additions, changes, or modifications are to be made
to the monopole, the Director of Community Development
shall have the authority to require proof, through the
submission of engineering and structural data, that the
addition, change, or modification conforms to structural
wind load and all other requirements of the current
Building Code adopted by the City of Owasso.
(4) Roof Mounted Telecommunication Antennas - allowed on non-
residential buildings in all districts, provided that:
(a) Non-whip antennas do not exceed the height of the
building by more than ten (10) feet and is screened from
view from any adjacent public roadway.
(b) Whip antennas do not exceed the height of the building by
more than fifteen (15) feet and are located no closer than
fifteen (15) feet to the perimeter of the building.
Prior to the installation of a roof mounted antenna, the
Community Development Department shall be provided
with an engineer's certification that the roof will support
the proposed antenna and associated roof-mounted
antennas and equipment.
Roof mounted antennas and associated equipment may
either be screened with enclosures or facades having an
appearance that blends with the building on which they are
located or by locating them so they are not visible from an
adjacent public roadway.
(5) Building Mounted Telecommunication Antennas of the nonwhip
type are allowed on non-residential buildings in all zoning
districts, provided that:
(a) The antenna is mounted flush with the exterior of the
building so that it projects no more than 30 inches from the
surface of the building to which it is attached.
(b) The antenna's appearance is such as to blend with the
surrounding surface of the building.
(c) Associated equipment shall be place either within same
building or in a separate building that matches the existing
building in character and materials or blends with
landscaping and other surrounding material adjacent to the
separate building housing the equipment. Associated
equipment for roof mounted antennas may be located on
the roof of the building if it is screened from view from any
adjacent public roadway.
(6) When an application for a building permit to locate a
telecommunication antenna on an existing building or other
structure is made, the Community Development Department shalt
be provided with color photo simulations showing the site of the
existing structure with a photo-realistic representation of the
proposed antenna and the existing structure as it would appear
viewed from the closest residential property. The applicant shall
also submit photographs of the same views showing current
appearance of the site without the proposed antenna.
(7) Distance Measurement - distances in this section shall be
measured along a single straight line between the center of the
tower base and the nearest point on any property line of
identified historic property or RS-3 or more restrictive district or
use. For the purposes of applying restrictions set forth in this
section, "RS-3 or more restrictive zoning district or use" excludes
property that is:
(a) Used as public or private primary or secondary educational
facility;
(b) Used as a college or university educational facility;
Owned by the US, State of Oklahoma, Tulsa County, or the
City of Owasso, and not used for RS-3 or more restrictive
residential uses;
Used primarily for religious assembly;
Used as a cemetery;
Occupied by non-residential, non-conforming uses; or
Any other site similar to those listed above and determined
by the Director of Community Development to be
consistent with the purposes of this section.
(8) Exceptions and Exemptions
(a) A telecommunication tower that fails to meet the
requirements of this section may be authorized by
obtaining a SpeGia' ExrePtiOR Specific Use Permit through
the Owasso geaFd of ndjustmeRt Planning Commission.
(b) Towers erected by a public agency for police, fire, EMS,
911 or other similar public emergency communication shall
be exempt from the requirements of this section.
(g) coErini EXCEPT-19N SPECIFIC USE PERMIT REQUIRED
(1) This section is designed to encourage placement of
telecommunication towers in permitted areas. If a proposed
telecommunication tower is not to be located in a permitted by
right district, a Sped"[ Exc-e ` lien Specific Use Permit is required.
(2) All SpeGia ExGeptiGR Specific Use Permit requests for
telecommunication towers may be so authorized by the Owasso
BeaFd of Adjustment planning Commission, subject to the
following additional requirements:
(a) Setback from Historical Property
The tower shall not be on, or within 300 feet, or property
recognized as a historical property or a property of
historical significance.
(b) Setbacks General
The telecommunication tower must be a minimum of 200
feet, or 3 to 1 distance to height ratio, whichever is
greater, from structures used for residential purposes.
(c) Height
Tower height, excluding antenna array, shall not exceed:
(1) 75 feet if the tower is at least 75 feet, but less than
100 feet, from any RS-3 or more restrictive zoning
district.
(2) 100 feet if the tower is at least 100 feet, but less
than 200 feet, from any RS-3 or more restrictive
district or use.
(3) 120 feet if the tower is at least 200 feet, but less
than 300 feet, from any RS-3 or more restrictive
district or use.
(4) Maximum height shall be an appropriate height set
by the Board of Adjustment, if the tower is in excess
of 300 feet from any RS-3 or more restrictive zoning
district or use.
(d) Array Height
The antenna array shall not exceed the tower height by
more than 10 feet.
(e) Guy Wires
All guy and guy wires shall be set back a minimum of 20
feet from any property line.
(f) Monopole Required
Any tower within 200 feet of any RS-3 or more restrictive
district shall be of a monopole design, or one of equal or
lesser impact.
(g) Security Fencing
The base of the tower shall be enclosed by security fencing
at a height of 8 feet.
(h) Compliance with Applicable Regulations
The tower is constructed and operated in compliance with
the current Federal Communications Commission and other
applicable federal and state standards.
(i) Distance from Other Towers
New telecommunication towers must be a minimum
distance of 5,000 feet from any other telecommunication
tower, unless in a by right district.
(j) Removal of Tower
Upon the discontinuance of use of any such tower for a
period of thirty (30) days, said tower is to be removed by
the applicant/owner.
CHAPTER 417
FLOOD HAZARD REGULATIONS
1710 Statutory Authorization, Findings of fact, and Statement of purpose
1720 Definitions
1730 Scope of controls; use and conditions
1740 Areas of special flood hazard defined
1750 Lands to which special flood hazard applies
1755 Basis for establishing the areas of special flood hazard
1760 Floodplain manager action
1765 Flood development permits
1770 Standards for floodways
1775 Standards for areas of shallow flooding
1780 Variance procedures
1785 Exemptions
1790 Enforcement and Penalties
SECTION 1710 STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND
STATEMENT OF PURPOSE
STATUTORY AUTHORIZATION -
The Legislature of the State of Oklahoma has in (statutes) 82 O.S. 551601-1618,
as amended, Chapter 23 delegated the responsibility of local governmental
units to adopt regulations designed to minimize flood losses. Therefore, the
City Council of Owasso, Oklahoma, does ordain as follows:
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, floodproofed or otherwise
protected from flood damage.
STATEMENT OF PURPOSE -
It is the purpose of this ordinance 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 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.
SECTION 1720 DEFINITIONS
For the purpose of this chapter the following terms shall have the meanings
respectively ascribes to them in this section:
1. "Area of special flood hazard" means that land in the floodplain within a
community subject to a one percent (1%) or greater chance of flooding
in any given year;
2. "Base flood" means the flood having a one percent (1%) chance of being
equaled or exceeded in any given year;
3. "Development" means any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations;
4. "Flood or flooding" means a general and temporary condition of partial
or complete inundation of normally dry land areas from the unusual and
rapid accumulation or runoff of surface waters from any source;
5. "Flood boundary and floodway map (FBFM)" means an official map of a
community, issued by the Federal Emergency Management Agency,
where the areas within the boundaries of special flood hazards have
been designated;
6. "Habitable floor" means any floor usable for living 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";
7. "Mean sea level" means the average height of the sea for all states of
the tide;
8. "Mobile home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and designed to be user
with or without a permanent foundation when connected to the required
utilities. It does not include recreational vehicles or travel trailers;
9. "Structure" means a walled and roofed building that is principally above
ground, as well as a mobile home; and
10. "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. 304, 6/2/81)
SECTION 1730 SCOPE OF CONTROLS; USE AND CONDITIONS
This chapter shall apply to all areas of special flood hazard within the
jurisdiction of the city. Uses normally permitted in applicable zoning districts
shall be permitted providing the following provisions have been met:
All new construction and substantial improvements (including the
placement of prefabricated buildings and mobile homes) shall:
a. Be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure;
b. Be constructed with materials and utility equipment resistant to
flood damage; and
c. Be constructed by methods and practices that minimize flood
damage;
2. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems;
3. All new and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters;
4. All new and replacement on-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during
flooding;
5. All new construction and substantial improvements of residential
structures shall have the lowest floor elevated to or above the base
flood level calculated on the basis of one hundred percent (100%)
upstream urbanization or development;
6. All new construction and substantial improvements of non-residential
structures shall have the lowest floor flood-proofed or elevated to or
above the base flood level calculated on the basis of one hundred
percent (100%) upstream urbanization or development;
7. Any altered or relocated water course shall maintain its original flood
carrying capacity;
8. No man-made change to improved or unimproved property, including
filling, grading, paving, or excavating shall be commenced until a
building permit or zoning clearance permit has been obtained for each
change; and
9. All mobile homes shall be anchored to resist flotation, collapse, or
lateral movement by providing over-the-top and ground ties to anchors.
Specific requirements shall be:
a. Over-the-top ties at each of the four (4) corners of the mobile
home, with two (2) additional ties per side at intermediate
locations and mobile homes less than fifty (50) feet long requiring
one additional tie per side;
b. Frame ties at each corner of the home with five (5) additional ties
per side at intermediate points and mobile homes less than fifty
(50) feet long requiring four (4) additional ties per side.
C. All components of the anchoring system be capable of carrying a
force of four thousand eight hundred (4,800) pounds; and
d. Any additions to the mobile home be similarly anchored.
e. For new mobile home parks and subdivisions, for expansions to
existing mobile home parks and subdivisions; for existing mobile
home parks and subdivisions where the repair, reconstruction or
improvement of the streets, utilities and pads equals or exceeds
fifty percent (50%) of the value of the streets, utilities and pads
before the repair, reconstruction or improvement has
commenced, require:
(1) Stands or lots are elevated on compacted fill or on pilings
so that the lowest floor of the mobile home will be at or
above the base flood level. A registered professional
engineer, architect or land surveyor shall submit a
certification to the building inspector or zoning officer that
the standards of this paragraph complies with this section;
(2) Adequate surface drainage and access for a hauler are
provided; and
(3) In the instance of elevation on pilings: (1) lots are large
enough to permit steps; (2) piling foundations are placed
in stable soil no more than ten (10) feet apart, and (3)
reinforcement is provided for pilings more than six (6) feet
above the ground level.
(Ord. No. 304, 6/2/81)
SECTION 1740 AREAS OF SPECIAL FLOOD HAZARD DEFINED
A. 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 zoning clearance
permits for property within the areas of special flood hazard in the
city. 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 September 22, 1999, with accompanying
flood insurance rate maps and flood hazard boundary floodway maps,
and any revisions thereto are hereby adopted by reference and
declared to be a part of this chapter. Copies for public review shall
be available in the Public Works Department of the city.
B. It is the responsibility of the city manager, through the floodplain
manager, to determine, on request for a building permit or zoning
clearance permit, if a particular tract of land is in part or in whole
within the areas of special flood hazard as shown on the flood hazard
boundary and floodway maps.
SECTION 1750 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.
SECTION 1755 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 a part of this chapter. Copies for
public review shall be available in the Public Works Department of the City.
SECTION 1760 FLOODPLAIN MANAGER ACTION
The building inspector or zoning officer shall act upon all such applications on
which he is authorized to act under these regulations within thirty (30) days,
after these are filed in compliance with the provisions hereof. He shall either
issue a building permit or zoning clearance permit within the thirty (30) day
period or he shall notify the applicant, in writing, of his refusal of such a
permit and set forth the reason therefore. Failure to notify the applicant in
case of such refusal within thirty (30) days shall entitle the applicant to the
building permit or zoning clearance permit, unless the applicant consents to an
extension time. Under such rules as may be adopted by the board of
adjustment, the building inspector or zoning officer may issue a temporary
building permit or zoning clearance permit. He shall also:
1. Review all permits to determine whether proposed building sites will be
reasonably safe from flooding;
2. Maintain a record of all lowest habitable floor elevations submitted to
him;
3. In the absence of other Federal Emergency Management Agency base
flood elevation data, consider other available data basis for determining
lowest permitted floors;
4. Notify adjacent communities of all proposed wafter course alterations;
5. Require that all other state and federal permits are obtained; and
6. Review all applications and determine their conformance with the
subdivision regulations of the city as applicable.
SECTION 1765 FLOOD DEVELOPMENT PERMITS
A request for the processing and issuance of a flood development permit
pertaining to property situated within the boundary of the defined areas of
special flood hazard shall be accompanied by such plans as may be necessary,
including, at the discretion of the floodplain manager, plans in duplicate,
drawn to scale in black line or blueprint, showing:
1. The actual shape and dimensions of the lot to be built upon or to be
changed in its use, in whole or in part;
2. The exact location, size and height of any building or structure to be
constructed or altered;
3. The existing and intended use of each building or structure or part
thereof;
4. The number of families, dwellings, or housekeeping units the building is
designed to accommodate;
5. When no buildings are involved, the location of the present use and
proposed use to be made on the lot;
6. When the property lies within the area of special flood hazard, the
elevation (in relation to mean sea level) of the lowest habitable floor of
all new or substantially improved structures; and
7. Such other information with regard to the lot and neighboring lots as
may be necessary to determine and provide for the enforcement of
these regulations.
One copy of any such plan or plans shall be returned to the owner when such
plans have been approved by the floodplain manager, together with such flood
development permit as may be granted. All dimensions shown on these plans
relating to the location of the buildings thereon shall be staked out on the
ground before construction is started. Whenever a lot is not provided and is
not proposed to be provided with public sewers, the application for flood
development permit shall be accompanied by a certificate of approval by the
county health officer of the proposed method of water supply or disposal of
sanitary wastes.
SECTION 1770 STANDARDS FOR FLOODWAYS
Located within areas of special flood hazard established in Section 12-404 of
this code are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood waters which carry
debris, potential projectiles and erosion potential, the following provisions
shall apply:
1. Encroachments are prohibited, including fill, new construction,
substantial improvements and other developments unless certification by
a registered professional engineer or architect is provided demonstrating
that encroachments shall not result in any increase in flood levels during
occurrence of the base flood discharge;
2. If paragraph 1 hereof is satisfied, all nr construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions in Section 12-403 of this code; and
3. Prohibit placement of any mobile homes, except in an existing mobile
home park or subdivision.
SECTION 1775 STANDARDS FOR AREAS OF SHALLOW FLOODING
Located within the areas of special flood hazard established in Section 12-404
of this code 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 indeterminate; therefore, the following provisions apply:
1. All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated
above the crown of the nearest street to above the depth number
specified on the flood boundary and floodway map;
2. All new construction and substantial improvements on non-residential
structures shall:
a. Have the lowest floor, including basement, elevated above the
crown of the nearest street or above the depth number specified
on the flood boundary map; and
b. Together with attendant utility and sanitary facilities be
completely floodproofed to or above that level so that any space
below that level 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; and
A registered professional engineer or architect shall submit a
certification to the building inspector or zoning officer that the
standards of this section and Sections 12-405 through 12-407 of this code
are satisfied.
SECTION 1780 VARIANCE PROCEDURES
The board of adjustment as established by the city shall hear and render
judgment on requests for variances from the requirements of this chapter in
accordance with the provisions of the zoning code of the city.
SECTION 1785 EXEMPTIONS
Provisions of this chapter shall not be applicable to:
Any building permit, zoning clearance permit, zoning special °xc-eptiGR
Specific Use Permit approval, zoning variance approval, site plan
approval, license, permit, or other approval granted prior to the
initiation of the development controls hereby enacted; however, nothing
herein contained shall limit the city's right to revoke any building
permit, certificate of occupancy, license or other approval previously
issued when such revocation is in the best interest of the health, safety
and welfare of the community;
2. Agricultural activities, except for new construction of structures or
substantial improvements to structures;
3. Home gardening; and
4. Emergency repairs of a temporary nature made on public or private
property which are necessary for the preservation of life, health or
property, and which are made under such circumstances where is would
be impossible to obtain prior building permit or zoning clearance permit.
However, such repairs shall not be considered as being exempt from the
provisions of this chapter and they shall be conclusively deemed
temporary and non-permanent unless subsequently authorized by an
appropriate building permit or zoning clearance permit approval.
SECTION 1790 ENFORCEMENT AND PENALTIES
A. Any building permit or zoning clearance permit may be revoked or
suspended by the city council after a public hearing. Ten (10) calendar
days advance written notice shall be given to the grantee specifying the
grounds for such contemplated revocation or suspension and advising the
grantee of the date, place and time of the hearing before the city
council; the permits may be revoked or suspended upon occurrence of
any one of the following events:
1. Violation of any condition of the approval,
2. Violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation pertaining to the work
authorized by building permit or zoning clearance permit
approval; or
3. Existence of any condition or the doing of any act constituting or
creating a nuisance, hazard, or endangering human life or the
property of others.
B. Any person, firm or corporation or other legal entity violating the
requirements of this chapter shall be guilty of a misdemeanor and upon
conviction, shall be punished as provided in Section 1-108 of this code.
C. In addition to any fine, the city may institute appropriate actions or
proceeding at law or equity for the enforcement of the provisions of this
chapter, or to correct the violations thereof. If applicable and
appropriate, the city may institute appropriate actions or proceedings at
law or equity against any surety company, escrow holder, or any third
party who has affirmatively acted as surety or guarantor for the
grantee's performance as authorized by the sp a exGeptiOR Specific
Use Permit approval.
CITY OF OWASSO, OKLAHOMA
PROPOSED ORDINANCE
AN ORDINANCE ADOPTING BY REFERENCE, THE OWASSO ZONING CODE, AS A PART OF
PART 12, CHAPTER 2, ZONING REGULATIONS: TO-WIT: CHAPTER 1, TITLE, PURPOSES,
INTERPRETATION, AND JURISDICTION; AND CHAPTER 2, GENERAL PROVISIONS; AND
CHAPTER 3, AGRICULTURE DISTRICT PROVISIONS; AND CHAPTER 4, RESIDENTIAL DISTRICT
PROVISIONS; AND CHAPTER 5, OFFICE DISTRICT PROVISIONS; AND CHAPTER 6,
COMMERCIAL DISTRICT PROVISIONS; AND CHAPTER 7, INDUSTRIAL DISTRICT PROVISIONS;
AND CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS; AND CHAPTER 9,
OFF-STREET PARKING REQUIREMENTS; AND CHAPTER 10, NONCONFORMITIES; AND
CHAPTER 11, ENFORCEMENT; AND CHAPTER 12, BOARD OF ADJUSTMENT; AND CHAPTER 13,
AMENDMENTS; AND CHAPTER 14, DEFINITIONS; AND CHAPTER 15 TELECOMMUNICATION
TOWERS; AND CHAPTER 16, FENCING REQUIREMENTS, AND CHAPTER 17, FLOOD HAZARD
REGULATIONS; AND CHAPTER 18, SIGNS; AND CHAPTER 19, OUTDOOR LIGHTING; AND
CHAPTER 20, LANDSCAPING REQUIREMENTS; AND CHAPTER 21, ACCESS GATES FOR GATED
COMMUNITIES; AND APPENDIX A, OWASSO PLANNING COMMISSION BYLAWS; AND
APPENDIX B, OWASSO BOARD OF ADJUSTMENT BYLAWS; AND REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH.
WHEREAS, Title I 'l, Oklahoma Statutes, Section 43-101 et seq. empower the City to
engage in Comprehensive Planning and Zoning and to enact suitable ordinances
carrying out the purposes of said acts; and
WHEREAS, The Owasso City Council deems it necessary for the carrying out of the
purpose of said acts and of promoting the health, safety and general welfare of the
community to enact an ordinance regulating the zoning of land within Owasso; and
WHEREAS, The Owasso City Council has appointed a Planning Commission which shall
review all proposed Owasso Zoning Code amendments; and
WHEREAS, The Owasso Planning Commission gave the public notice of a public hearing
relating to the adoption of this Zoning Code and conducted said public hearing on
February 7, 2011; and
WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this
ordinance have been met;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA:
SECTION ONE (1): That 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 Zoning Code known as the Zoning Code of the City of
Owasso, Oklahoma, containing: Chapter 1, Title, Purposes, Interpretation, and
Jurisdiction; and Chapter 2, General Provisions; and Chapter 3, Agriculture District
Provisions; and Chapter 4, Residential District Provisions; and Chapter 5, Office District
Provisions; and Chapter 6, Commercial District Provisions; and Chapter 7, Industrial District
Provisions; and Chapter 8, Planned Unit Developments and Overlay Districts; and
Chapter 9, Off-Street Parking Requirements; and Chapter 10, Nonconformities; and
Chapter 11, Enforcement; and Chapter 12, Board of Adjustment; and Chapter 13,
Amendments; and Chapter 14, Definitions; and Chapter 15, Telecommunication Towers;
and Chapter 16, Fencing Requirements; and Chapter 17, Flood Hazard Regulations; and
Chapter 18, Signs; and Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping
Requirements; and Chapter 21, Access Gates for Gated Communities; and Appendix A,
Owasso Planning Commission Bylaws; and Appendix B, Owasso Board of Adjustment
Bylaws; 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. That said Zoning Code is hereby adopted as Chapters 1-21 and Appendices
"A" and "B" of Part 12, Chapter 2, Zoning Regulations, of the Code of the City of Owasso,
Oklahoma.
SECTION TWO (2) Repealer
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the
extent of the conflict only.
SECTION THREE (3): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion
shall not be affected but remain in full force and effect.
SECTION FOUR (4): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date of
final passage as provided by state law.
SECTION FIVE (5): Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance
to be codified in Part 12, Chapter 2, Zoning Regulations.
ATTEST:
PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of
February, 2011.
Doug Bonebrake, Mayor
Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form:
Julie Lombardi, City Attorney
The city 'v4'it caw Urnits.
TO: Honorable Mayor and City Council
City of Owasso
FROM: Karl Fritschen
Community Development Director
SUBJECT: Ordinance No. 972 Nunc Pro Tunc
DATE: February 4, 2011
BACKGROUND:
On September 17, 2010 the rezoning case OZ 10-02 for the TTC site was heard and approved by
the City Council. Subsequent to the rezoning approval, ordinance No. 972 for OZ 10-02 was
approved by the City Council on the consent agenda at the October 5, 2010 City Council
Meeting. On January 12, 2010 it was brought to our attention by staff at the Indian Nations
Council of Government (INCOG) that the rezoning ordinance recorded for the site of Tulsa
Technology Campus (TTC) contained an inaccurate legal description.
In order to correct ordinance No. 972, staff has prepared a revised legal description and has
included this description within a new corrective ordinance called nunc pro tunc - literally, "now
for then." In order for the change to be effective, the nunc pro tunc ordinance must be
approved, thereby replacing the previous ordinance that had an erroneous legal description.
RECOMMENDATION:
Staff intends to recommend City Council approval of Ordinance No. 972 Nunc Pro Tunc.
ATTACHMENTS:
1. Legal Description
2. Ordinance No. 972 Nunc Pro Tunc
R 14 E
E. 116TH STREET NORTH (STATE HWY 20)
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LOCATION MAP
TRACT 4
A TRACT OF LAND SITUATED IN THE NORTH HALF OF THE SOUTHEAST QUARTER (N/2 SE/4) OF
SECTION NINE (9), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN
BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT
SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
COMMENCING FROM THE NORTHEAST CORNER OF SAID N/2 SE/4; THENCE S 88°14'12" W ALONG THE
NORTH LINE OF SAID 1412 SE/ 4 A DISTANCE OF 1057.80 FEET TO THE POINT OF BEGINNING: THENCE
S 01°21'08° E A DISTANCE OF 780.60 FEET; THFNCF S 88°43'.56" W TO A POINT 014 THE `JIEST LINE
OF E/2 F/'l NW/4 SE/4 A DISTANCE OF 594.46 FEET: THENCE N O1°20'01" W TO A P0I14T ON THE
NORTH LINE OF E/2 E/2 NW/ 4 SF/ /4 A DISTANCE OF 180.56 FEET; THEI'WE 11 88°43'45" E ALONG THE
NORTI1 LINE: OF SAID N/2 SE./4 A DISTANCE OF 594.21 FEET 10 THE POINT OF BEG[rirIIPJG.
R 14 E
E 1161H STREET NORTH (.STATE HWY 20)
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LOCATION MAP
TRACT 5
A TRACT OF LAND SITUATED IN THE NORTH HALF OF THE SOUTHEAST QUARTER (N/2 SE/4) OF SECTION
NINE (9), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND
MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
COMMENCING FROM THE NORTHEAST CORNER OF SAID N/2 SE/4; THENCE S 88°44'12" W ALONG, THE
NORTH LINE OF SAID N/2 SE/4 A DISTANCE OF 1057.80 FEET TO A POINT; THENCE S 88°43'45" W ALOrIG
THE NORTH LINE OF SAID N/2 SE/4 A DISTANCE OF 594.21 FEET TO THE POINT OF BEGINNING; THENCE
S 01°20'01" E A DISTANCE OF 780.56 FEET, THENCE S 88°43'56" W TO A POINT ON THE EASTERLY
RIGHT -OF-WAY LINE OF STATE HIGHWAY 169 A DISTANCE OF 817.45 FEET, THENCE N Ol°19'15" UJ TO A
POINT ON TFT NORTH LINE OF TIME Ni2 SE/4 A DISTANCE OF 780.51 FEET, THENCE N 88°43'45" E ALONG
THE NORTH LINE OF SAID N/2 SE/4 A DISTANCE OF 817.27 FEET TO THE POINT OF BEGINNING.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 972 NUNC PRO TUNC
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-10-02 CHANGING
THE ZONING OF PROPERTY SECTION NINE (9), TOWNSHIP TWENTY-ONE (21) NORTH,
RANGE FOURTEEN (14) EAST, TULSA COUNTY, OKLAHOMA, FROM AGRICULTURAL &
COMMERCIAL SHOPPING DISTRICTS TO AN OFFICE MEDIUM ZONING DESIGNATION,
AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH.
WHEREAS, public hearings have been held regarding the request for rezoning of
the property herein described, and
WHEREAS, the Owasso City Council has considered the recommendation of the
Owasso Planning Commission and all statements for or against the requested rezoning of
application OZ-10-02,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA.
Section 1. The zoning classification of the following described property, to wit:
TRACT 4
A tract of land situated in the north half of the Southeast Quarter (N/2 SE/4) of Section
Nine (9), Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base
and Meridian, Tulsa County, State of Oklahoma, According to the U.S. Government
Survey Thereof, Being more particularly described as follows, to wit:
Commencing from the northeast corner of said N/2 SE/4; Thence S 88°44'12" W and along
the north line of said N/2 SE/4 a distance of 1057.80 feet to the point of beginning;
Thence S 01 °21'08" E a distance of 780.60 feet; Thence S 88°43'56" W to a point on the
west line of E/2 E/2 NW/4 SE/4 a distance of 594.46 feet; Thence N 01°20'01" W to a point
on the north line of E/2 E/2 NW/4 SE/4 a distance of 780.56 feet; Thence N 88°43'45" E
along the north line of said N/2 SE/4 a distance of 594.21 feet to the point of beginning.
TRACT 5
A tract of land situated in the north half of the Southeast Quarter (N/2 SE/4) of Section
Nine (9), Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base
and Meridian, Tulsa County, State of Oklahoma, According to the U.S. Government
Survey Thereof, Being more particularly described as follows, to wit:
Commencing from the northeast corner of said N/2 SE/4; Thence S 88014,12" W along the
north line of said N/2 SE/4 a distance of 1057.80 feet to a point; Thence S 88°43'45" W
along the north line of said N/2 SE/4 a distance of 594.21 feet to the point of beginning;
Thence S 01 °20'01" E a distance of 780.56 feet, then S 88°43'56" W to a point on the
easterly right-of-way line of State Highway 169 a distance of 817.45 feet, then N 01°19'15"
W to a point on the north line of N/2 SE/4 a distance of 780.51 feet; Thence N 88°43'45" E
along the north line of said N/2 SE/4 a distance of 817.27 feet to the point of beginning;
be, and the same is hereby zoned from AG Agriculture & CS Commercial Shopping
Zoning District Designations to an OM Office Medium Zoning Designation.
City of Owasso
Ordinance No. 972 nunc pro tunc
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.
Section 5. That there be filed in the office of the County Clerk of Tulsa County,
Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the
property being rezoned.
PASSED AND APPROVED this day of 2011.
Doug Bonebrake, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
The City Wit)out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Tim Doyle
General Services Superintendent
SUBJECT: Acceptance of FY 2009-2010 Miscellaneous Vehicle Loop Detection System
Improvements and Authorization of Final Payment
DATE: February 4, 2011
BACKGROUND:
The FY 2009-2010 Capital Improvements Fund budget allotted $250,000 for the completion of a
traffic signal study, the purchase of recommended hardware, and the installation service
needed to coordinate the timing of identified signaled intersections that are no longer efficient.
On April 20, 2010, the City Council accepted the Traffic Signal Enhancement Project and
approved final payment to Midstate Traffic, Incorporated, bringing the total contract amount to
$132,711.
As a part of the original contract, the contractor was required to check the operation of all
vehicular and pedestrian detectors and report any malfunctions in writing to the City of Owasso.
As a result of the requirement, a report from the contractor revealed that multiple vehicle
detectors at eight (8) intersections were in need of repair. City staff's intentions were to
recommend a change order to City Council for the additional scope of work. However, given
that the cost exceeded 10% of the total contract amount, Oklahoma state law required the City
of Owasso to bid this additional work separately.
In August of 2010, City Staff opened bids from two (2) contractors and presented a
recommendation to City Council that the contact be awarded to Traffic Signals Inc. in the
amount of $35,212.75 for the Miscellaneous Vehicle Loop Detection System Improvements. The
City Council awarded the contract on August 17, 2010.
Public Works staff, along with the contractor, has worked diligently to ensure that a quality
product was produced. Traffic Signals Inc. has presented City staff with a final pay request in the
amount of $1,758.50 which will bring the total, completed, contract price in at $35,170, resulting
in an under run of $42.75.
FUNDING SOURCE:
Funding for this project is included the FY 2010-2011 Capital Improvements Fund Budget.
RECOMMENDATION:
Staff intends to recommend City Council acceptance of the Miscellaneous Vehicle Loop
Detection System Improvements and authorization for final payment to Traffic Signals Inc. in the
amount of $1,758.50, bringing the total contract amount to $35,170.00.
ATTACHMENT:
A. Site Map
B. Final Pay Request
ATTACHMENT A
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MISCELLANOUS VEHICLE
LOOP DETECTION SYSTEM
IMPROVEMENTS AT VARIOUS
LOCATIONS - FY 2009-2010
CITY OF OWASSO, OKLAHOMA
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
ATTACHMENT B
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anc.
(405) 341-3101
FAX (405) 348-7489
Sold To: CITY OF OWASSO
P.O. BOX 180
OWASSO, OK 74055
Terms: ON RECEIPT
PO Number:
BILLING
Billing 11769
Billing Date: 1/12/11
Due Date: 1/12/11
Job Name: LOOPS AT VARIOUS INTERSECTIOl'
Our Job 1030
Contract
Description:
►-~3f-1/
Retention Billing for Job: 1030 - LOOPS AT VARIOUS INTERSECTIONS IN OWASSO, OK
Original Contract: 35,212.75 Prior Billings: 35,170.00
Change Orders: 0.00 Prior Retention: 1,758.50
Current Contract: 35,212.75
Please Remit the Following Retained Amount:
Final Retention Billing
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MAILING ADDRESS: P.O. Box 30067 • Edmond, Oklahoma 73003-0002
SHIPPING ADDRESS: 6600 Boucher Drive • Edmond, Oklahoma 73034
$1,758.50
APPLICATION AND CERTIFICATE FOR PAYMENT Page One of
TO: (Owner) Th-e e OF owaSSo Contract Date:
Application Date:
FROM: (Contractor) Period To:
T ,G
Distribution To: Owner
P d 60)(- 300 4-7 Architect
e-4 ( 0/- 73003 D- Contractor
PROJEC i,, , J e.
Sce 0.n poses Ve Engineer
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CONTRACT FOR: _
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CONTRACTOR'S APPLICATION FOR PAYMENT 11
Application is made for payment, as shown below, in connection with the Contract
Continuation sheet is attached.
1. Original Contract Sum
2. Net Change by Change Orders
3. Contract Sum to Date (Line 1 & 2)
4
5
6
7
$ 3 a~a.7S
Total Completed & Stored to Date $5 70 -
(Column G on Continuation Sheet)
Retainage: a. % of Completed Work $
(Column D & E on Continuation Sheet) - FINAL
b. % of Stored Material $
(Column F on Continuation Sheet)
Total Retainage (Line 5a & 5b) $
Total Earned Less Retainage
(Line 4 less Line 5 Total)
Less Previous Certificates for Payment
$ 35, Ida. cry
$ 33 ~ l t s ~
AGREEMENT
0710 00300 - Page 8 of 15
CURRENT PAYMENT DUE
9. Balance to Finish, Plus Retainage
(Line 3 less Line 6)
CHANGE ORDER SUMMARY:
Change Orders approved in previous
months by OWNER
TOTALS
Approved this month
Number
Date Approved
ADDITIONS
TOTALS $
Net Change by Change Orders
The undersigned Contractor certifies that to the best of the Contractor's knowledge, information
and belief, the WORK covered by this Application for payment has been completed in
accordance with the Contract Documents, that all amounts have been paid by the Contractor for
Work for which previous Certificates for Payment were issued and payments received from the
Owner, a that urrent payment shown herein is now due.
CON- R:
By: 2 Date:
STATE OF OKLAHOMA )
) SS
COUNTY OF ((l u,ho rr1 a )
Subscribed and sworn to before me this /,,/Z- day of 2011
YANN N*
oTARr't
t%
(SEAL) novo116as
V,;EXP.121061110
A ~ cP Notary Public
~rF My Commission Expires:
i'75 8`- 5 v
DEDUCTIONS
AGREEMENT
0710 00300 - Page 9 of 15
ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT
In accordance with the contract documents, based on on-site observations and the date '
comprising the above application, the Architect/Engineer certifies to the Owner that to the best
of the Architect/s/Engineer's knowledge, information and belief, the Work has progressed as
indicated, the quality of the Work is in accordance with the Contract Documents, and the
Contractor is entitled to payment of the amount certified.
AMOUNT CERTIFIED
(Attach explanation if amount certified differs from the amount applied for.)
ARCHITECT / ENGINEER:
By: Date:
This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor
named herein. Issuance, payment and acceptance of payment without prejudice to any rights of
the Owner or Contractor under this Contract.
AGREEMENT
0710 00300 - Page 10 of 15
C ONTINT )ATTON ' THFFT Paae t-1 of-~
Application and Certification for Payment, containing Contractor's signed Certification is
attached.
Application Number:- Application Date:
Period to:
In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where
variable retainage for line items may apply.
A B C D E (cont)
ITEM
DESCRIPTION
SCHEDULED
WORK COMPLETED WORK COMPLETED
FROM PREVIOUS
NO.
OF WORK
VALUE
THIS PERIOD
APPLICATION
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- (cont) F
G
H
I
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TOTAL COMPLETED
BALANCE
PRESENTLY STORED
AND STORED
%
TO FINISH
RETAINAGE
(NOT IN D O
TO DATE
(G/C
(C G)
(D + E + 0
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NOTE: At bottom of each column, run totals.
AGREEMENT
0710 00300 - Page 1 I of 15
CLAIM OR INVOICE AFFIDAVIT
STATE OF OKLAHOMA )
)SS
COUNTY OF
The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful
age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct.
Affiant further states that the (work, services or materials) as shown by this Invoice or Claim
have been (completed or supplied) in accordance with the Plans, Specifications, orders or
requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor
given, nor do ed, or agreed to pay, give, or donate, either directly or indirectly, to any elected
official, o icer, r employee of the State, County, or City of money or any other thing of value
to obtai pay ht ortle award of this contract.
or Supplier
Subscribed and sworn to before me this 4~4
ay of
Notary Public
o'
Commission # v701 15 q-(p
:
# Q70115 ti
EXP•1z1°w11'~:
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My Commission Expires:
Architect, Engineer or other Supervisory Official
Subscribed and sworn to before me this day of
Notary Public
Commission #
My Commission Expires:
NOTE: Strike out words not appropriate and sign appropriate signature line. Architect,
Engineer approval is not required for Contractor or Supplier Affidavit.
d
AGREEMENT
0710 00300 - Page 12 of 15
AONN
The City Wit }out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Teresa Willson
Information Technology Director
SUBJECT: City Volunteer Program
DATE: February 4, 2011
BACKGROUND:
The City has benefited from volunteers on many occasions, whether they are Emergency
Management volunteers, volunteers for Police or Fire, or any other department within the
organization. Since commencing the Owasso Neighborhood Department, the City has been
fortunate to be contacted by many groups and individuals seeking volunteer opportunities.
Volunteering provides a double benefit. The volunteer receives a sense of satisfaction by giving
something back to the community and the City benefits from the skills of the volunteer fulfilling
unbudgeted needs. In a time where revenues do not allow the City to consider hiring additional
personnel, volunteering takes on an even more significant role in allowing the City to provide
needed services without additional expense to taxpayers.
PROPOSED ACTION:
Staff is prepared to launch an organized volunteer program that will match individuals or groups
with volunteer opportunities in City departments, whether for a single event or on a regularly
scheduled basis. These opportunities may range from cleanup efforts in parks and right of way
areas, to regular clerical duties, or perhaps special projects that could utilize advanced
technical skills.
The program will have a presence on the City of Owasso website that will include a volunteer
application and a list of current volunteer opportunities. The Neighborhood Coordinator will be
responsible for maintaining a database of volunteers and matching them with opportunities as
they occur.
ATTACHMENTS:
A. Sample of Volunteer Webpage
B. Volunteer Application
V Volunteer
Application
The City Wit out Limits.
Last Name: First Name: Phone:
If this is a group application, name of the organization:
Address: City: ST: Zip:
Emergency Contact Person: Contact Ph#1 Ph#2
Frequency of volunteer work you are seeking Single event: Recurring:
Type of volunteer work being sought (No Limited to the list below):
Errands (Mail pickup/delivery, Supply pickup/delivery, etc.)
Clerical (typing, filing, scanning documents, receptionist, etc.)
Photography, video, graphic arts
Teaching at the Community Center
Historical Museum Volunteer
Animal Shelter Volunteer
Writing
Web development
Special Events Planning
Research
Emergency Preparedness
Park and Public area improvements (painting, landscaping, mowing, trash and debris pickup)
Other:
List any special skills, expertise, or software knowledge you could utilize to assist a City department:
Are you presently employed or in school: Yes No School/Business:
Availability for volunteering:
Hours per week
Days Available (Circle) M T W Th F Sa Su Time of Day:
Are you willing to be contacted as a disaster volunteer in the event of a disaster?
Have you ever been convicted of a misdemeanor or felony? Y N
If yes, please explain:
Signature: Date:
Please return to:
City of Owasso
Attn: Jerry Fowler
P.O. Box 180
Owasso, OK 74055
(918)376-1556
Y N
Aw%
Volunteer Application
OT City Wi"rut Limits.
Last Name: First Name:
If this is a group application, name of the organization:
Address:
Emergency Contact Person:
City:
Contact P
Phone:
ST: Zip:
Ph#2
Frequency of volunteer work you are seeking Single event: Recurring:
Type of volunteer work being sought (Not Limited to the list below):
Errands (Mail pickup/delivery, Supply pickup/delivery, etc.)
Clerical (typing, filing, scanning documents, receptionist, etc.)
Photography, video, graphic arts
Teaching at the Community Center
Historical Museum Volunteer
Animal Shelter Volunteer
Writing
Web development
Special Events Planning
Research
Emergency Preparedness
Park and Public area maintenance (painting, landscaping, mowing, trash and debris pickup)
Other:
List any special skills, expertise, or software knowledge you could utilize to assist a City department:
Are you presently employed or in school: Y N School/Business:
Availability for volunteering:
Hours per week
Days Available (Circle) M T W Th F Sa Su Time of Day:
Are you willing to be contacted as a disaster volunteer in the event of a disaster? Y N
Have you ever been convicted of a misdemeanor or felony? Y N
if yes, please explain:
Signature: Date:
If applicant is under 18, please provide your age: Before being approved to volunteer, the City
will need to obtain permission from your parent or guardian.
Please return to:
City of Owasso Phone: (918)376-1556
Attn: Jerry Fowler Fax: (918)376-1599
P.O. Box 180 Email: jfowler@cityofowasso.com
Owasso, OK 74055
O
City vditlout Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Rodney J. Ray
City Manager
SUBJECT: Sales Tax Watchdog Policy - Amendment
DATE: February 4, 2011
BACKGROUND:
The Owasso Sales Tax Watchdog Committee was initially formed as part of the 1988 sales tax
extension bond election. It is the duty of the Watchdog Committee to monitor the use of funds
provided by the "third penny" sales tax. The committee is charged to report to the pubic
whether or not funds from the "third penny" are spent in a manner consistent with the
Resolution (s) approved by the City Council identifying the prioritized projects eligible to receiving
funding from the Capital Improvements Fund.
In May 1991, the Owasso City council adopted a policy statement relating to the Owasso Sales
Tax Watchdog Committee, providing the minimum criteria for appointments to the committee
from certain pre-determined vocations. In April 2004, following the October 2003 election to
remove the expiration date of the third penny, amendments to the policy statement were
approved by the City Council. These amendments further defined each representative group,
outlined the process for filling vacancies within the membership, and clarified when a member
ceases to hold a membership position.
Following the July 2010 Sales Tax Watchdog Committee meeting, a review of the committee's
attendance record revealed that several appointees had indeed missed the maximum number
of allowed absences as noted in the policy statement. The statement reads that a vacancy in
any appointed position is declared when any appointee is absent from one-half of all regular or
special meetings in any twenty-four consecutive month period. For the past several years, the
Watchdog Committee has met only two times per year, once in January and July. Therefore,
by strict definition of the policy statement, a committee member who misses one meeting in one
year and another meeting the following year can be removed from the committee.
PROPOSED AMENDMENT:
In order to remain sensitive to unforeseen circumstances that dictate when a committee
member must miss a meeting, the staff is proposing an amendment to the attendance policy
language to include the word "more". The proposed amendment would change the
attendance policy to read "any appointee absent from more than one-half of all regular or
special meetings in any twenty-four consecutive month period."
The proposed language change was discussed during the January 24, 2011 Sales Tax Watchdog
meeting. No objections to the proposed amendment to the Sales Tax Watchdog Committee
Policy Statement were expressed by the committee members.
ACTION REQUIRED:
A draft copy of the revised policy statement is attached for City Council review. The proposed
language amendment is highlighted in red. If there are no objections from the City Council, the
staff anticipates placing an item on the February 15, 2011 City Council agenda for consideration
and appropriate action relating to the proposed amendment to the Sales Tax Watchdog Policy.
ATTACHMENTS:
A. Revised Policy Statement
POLICY STATEMENT (revised)
OWASSO CITY COUNCIL
CITY OF OWASSO, OKLAHOMA
FEBRUARY 15, 2011
The Sales Tax Watchdog Committee was initially formed as a part of the 1988 Sales Tax Extension
for the purpose of providing a body of representatives from various interest groups within the
Owasso community to monitor the use of the designated third penny of local sales tax.
Individuals from the representative group as well as from at large are appointed to this
committee by the Mayor and confirmed by the City council. Such persons are charged with
meeting on a regular basis to review the status of capital improvement projects funded by the
third penny sales tax. The passage of Ordinance Number 763 and 766 by the City Council as
well as the subsequent approval of such ordinances by the qualified electors of the City of
Owasso assured a continuation of the Sales Tax Watchdog Committee and the oversight given
by such committee.
In order to ensure the integrity of the composition of the Sales Tax Watchdog Committee, the
City Council of the City of Owasso adopts the following criteria as guidelines for the future
appointments to the Owasso Sales Tax watchdog Committee.
1. Each appointee must be a resident within the area defined a the Owasso fenceline
and/or school district (herein referred to as the "service area") and must not be presently
serving in any elective or other Council appointed position with the City of Owasso;
2. NEWS MEDIA APPOINTMENT- An individual who conducts media-related activities
within the service area as their primary career or business;
3. RETAIL BUSINESS APPOINTMENT - An individual who operates a retail outlet, that being
a business conducting direct sales to the public within the service area;
4. SERVICE BUSINESS APPOINTMENT- An individual who operates a service business, that
being a business providing direct services to the public within the service area;
5. EDUCATION APPOINTMENT - An individual employed by and actively engaged in an
Owasso school, either as an administrator or a teacher, and who resides in the service
area;
6. RECREATION APPOINMTENT - An individual who is an active member of an organized
group promoting the development of amateur sports and recreation in the service
area;
7. BUILDING INDUSTRY APPOINTMENT - An individual who is engaged in real estate
improvement consisting of construction and/or development and having his/her primary
business within the service area;
Original Policy Statement approved by City Council April 20, 2004
Revision February 15, 2011
8. SENIOR CITIZEN APPOINTMENT - An individual who has attained the age of 60 years or
more and who resides within the service area;
9. FINANCIAL APPOINTMENT - An individual who is an officer or employee of a financial
institution engaging in banking, the brokerage of stocks or bonds, or other major financial
activity within the defined service area; and,
10. MEMBER AT LARGE APPOINTMENT - An individual who is a resident within the service
area.
The Sales Tax Watchdog Committee shall consist of fourteen (14) members selected from the
following:
News Media
Retail Business
Service Business
Education
Recreation
Building Industry
Senior Citizen
Financial
Members at Large
One Position
Two Positions
Two Positions
One Position
One Position
One Position
One Position
One Position
Four Positions
A vacancy is any appointed position is hereby declared to exist upon the occurrence of any of
the following events, to-wit:
Any appointee absent from more than one-half of all regular or special meetings in any
twenty-four (24) consecutive month period;
2. Any appointee who moves his/her residence out of the service area; or,
3. Any appointee who is no longer employed or engaged in the category from which
he/she was appointed.
The City Council shall be the sole judge of the qualifications of the appointees. Once a
vacancy has been determined to exist by the City Council, the City Council shall appoint an
individual possessing the requisite qualifications to serve from the respective category on the
Sales Tax Watchdog Committee.
The Sales Tax watchdog Committee shall meet not less than two (2) times per fiscal hear. Such
two regular meetings are hereby set for the fourth Monday of January and the fourth Monday of
July, and thereafter the fourth Monday's in January and July of each succeeding year
thereafter.
Original Policy Statement approved by City Council April 20, 2004
Revision February 15, 2011