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HomeMy WebLinkAbout2004.11.09_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Special DATE: November 9, 2004 TIME: 6:00 p.m. PLACE: Old Central, Council Chambers 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 PM on Friday, November 5, 2004. Juliai'm M. Stevens, Administrative Assistant V 1. Call to Order Mayor Kimball 2. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the office of the City Manager, such executive session provided for in O.S. 25, Section 307(B)(1). Mayor Kimball 3. Demonstration of the Electronic Bidding Process Mr. Rooney Attachment #3 11UP —%" litin Owasso City Council November 9, 2004 Page 2 4. Discussion relating to Community Development Department items Mr. Wiles Attachment ff 4 A. Rezoning (3) B. Planned Unit Development (2) C. Final Plat (2) D. Amending the Flood Damage Prevention Ordinance 5. Discussion relating to Department. Mr. Yancey Attachment #5 the acceptance of a Department of Justice Grant for the Police 6. Discussion relating to City Manager Items Mr. Ray Attachment #6 A. Design Standards B. Purchasing Ordinance C. Bailey Ranch Golf Club Business Plan D. Long term Water Supply Issues 7. Adjournment I PAgcn6s\C,,,,,lc, I %V.,k S—ion, I 10904,doc FROM- TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: ELECTRONIC SEALED BIDDING DATE: November 59 2004 At the City Manager's Association of Oklahoma 2004 Summer Conference, a new form of purchasing, titled Electronic Scaled Bidding (ESE) was introduced. Ecuity, a company providing the "on-line" bidding process, demonstrated their concept and explained the many benefits available to municipalities who purchase equipment, supplies, and contractor services. A representative of Ecuity will be present at the November 9, 2004 Work Session to demonstrate this alternative way of securing competitive bids. It should be noted, that ESB does meet all state statutes pertaining to bidding and purchasing laws. 1. Informational flyer provided by Ecuity /A TECHNOLOGY URIVEN II l PLAUL k An Electronic Sealed Sid [ESE1TM) is a type of reverse auction -tl prices are driven down by competition in such an event. This is contrary to what happens in the more commonplace "forward" auction, Online "forward" auction providers like eOay® and idz.com@ create an environment that seeks to establish the highest price that the market will bear for a good or service sold by a given seller. In an ES13", a seller announces an intention to "sell" and buyers compete against one another to purchase the good or service. In a reverse auction, the buyer announces the intention to "buy" and suppliers then compete against one another to sell the good or service sought. Both types of auctions seek to establish a market price for a good or service. ESB` auctions drive prices down to what the market will bear. * Office Supplies _b Equipment Backhoes Fuel/Energy Street e Road Construction Ctertical Products a Since it's formation in 2001, Ecuity has been focused on deliverinc clear results for our clients through world -class solutions and uniqus business models and value proposition. While significant technology advances have created sophisticates e-commerce solutions, many of these solutions (and the companies that market them) have lost sight of the most basic business principle: delivering quantifiable value for their customers. Technolog for the sake of technology isn't a solution: technology that deliver; results and tangible benefits to our customers is our focus. Our team of dedicated professionals, with over 50 years of combiner expertise in the strategic sourcing, procurement, and software industries are passionate about understanding your goals and requirements and working together to deliver your desired result` A TECHNOLOGY [DRIVEN MA\RKETPLx-'\CE 6 irlDw ones ftt lu ark?, In the belovv illustration, 'three suppliers are competing for a hypothetical product or service. In a conventional RFQ, a response from each supplier would have been submitted to the buyer. Those competitive quotes are considered to be initial bids in an Electronic Sealed Bid event (ESBTI ) and are reflected as the first bid placed by each Supplier. ESB's provide a competitive environment for suppliers to place multiple competing bids, creating a downward slope and resulting in a fair market price for, the good or service. a v n9v s Real flz e d 16.1% Savings on backhoe 37.7% Savings on computer ecluipr-n-m- 11,3% Savings on sanitation truck 2B.3% Savings on smoke detectors 15. 3% Savings on street sweeper 14.5% Savings on telecom equipment Examples of actual events. Your results may \,,ar\/. On a recent computer equipment purchase by a city in Kentucky. A previous quotation for $160,000 was given by a vendor who stated that "this is the absolute best price for which you can buy this product". The equipment manufacturer even called to acknowledge the "low" quotation. The event was held and through the increased competition generated by the ESB, the same vendor lowered his price to $130,150 which -,ig was an 18.7% estimated savings from the budgeted amount. ESB's clearly work and can save taxpayers significant money on your purchases of goods and services. A TEc!�NCLCGY DRIVEN VIARKETPLACE CITY OF OWASSO C 0,NEM UNITY DEVE LOPMENT DEPA1,M%/.FE1N"1' OZ 0442 (PENIX) STAFF REPORT BACKGROUND The City of Owasso has received a request from Henry Penix to rezone approximately 9.274 acres of property from its current designation of AG (Agricultural 61strict) to CS {Commercial Shopping District-). The applicant is requesting the city rezone the property to CS (Commercial Shopping District) so he may eventually develop a corrumercial shopping center at the site. AG (Agricultural District) CS Wommerchal Shopping District) HEARING DATE Planning Commission, November 8, 2004 The property is located at the southeast corner of E. 76th St, N. and N. 129" E. Ave. A general area map has been attached for your review. A Koala Care child care center and a single family house are located on the subject property. North: Large -lot residential South: Large -lot residential East: Baptist Retirement Center West: Rural residential PRESENT ZONING AG (Agricultural District) -- Tulsa County SURROUNDING ZONING North: RE (Residential Estates District) — Tulsa County South: RE (Residential Estates District) -- Tulsa County East: AG (Agricultural District) — Tulsa Count-j West: AG (Agriculftxal District)/RS-1 (Residential Single Family District) ZONING HISTORY Oct., 2004 — The subject property was annexed into the City of Owasso. 2= The first step in the development of a piece of property in Owasso is 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. 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. The third step in the development of a piece of property in Owasso is 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 JAC), 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 typically 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 subrnitt.-d. A flinal plat illustrates the layout and dimension of lots included on the Enal plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. A-terobtaining approval from the TAB; and Planning Commission, the final plat is considered by the City Council. If approved, the fm. al 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. Lot splits 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 l&,nd Owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. 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. The rezoning process is initiated 1xhen a property owner submits an application requesting a change in a property's zoning designation. The property owner must submit an application indicating the current zoning designation and defining the requested zoning designation. 'llie application should be accompanied by the zoning fee, an accurate legal description and map showing the property as well as a certified 300' radius report. Upon receipt of a complete application the staff will begin the review process by providing legal notice through the placement of an advertisement of the application in the newspaper, sending notice letters to property owners within 300' of the subject property and posting a sign on the property at the point closest to a public road. As staff is soliciting citizen input ftom the notification the application will receive an internal review. The internal review consists of answering three primary questions: 1. Is the requested zoning designation consistent with the Owasso 2010 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? Based on that criteria staff will formulate a recommendation for the request to forward to the Owass® Plannir., ig Commission. The Owasso Planning Commission will hold a public heating to determine if the requested zoning change is appropriate and make a recommendation to forward to -the Owasso City Council. The Owasso city Council will make the final determination whether or not to rezone the subject property to the requested classification or a less intense classification. If the zoning designation. is changed by the City Council an ordinance officially declaring the rezoning of the property is written and adopted by the City Council making the change law. LEGAL CONSIDERATIONS OF A REZONING REVIEW The decision to rezone a particular property in the City of Owasso should be based on thr-ee fundamental questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. If the application is approved, the subject property would be zoned CS (Commercial Shopping District). According to the City of Owasso Zoning Code a multitude of uses would be allowed on the subject property including retail shopping, bakery, offices and salons. The developer's intentions to construct a commercial shopping center are consistent with requested zoning designation. The Owasso 2015 Land Use Master Plan calls for the property to be utilized in a commercial manner. The requested zoning designation of CS (Commercial Shopping District) is consistent with the Owasso 2015 Land Use Master Plan. Henry Penix is requesting to rezone 9.274 acres of property located at the southeast comer of E. 76 th St. N. and N. 129th E. Ave. It is Mr. Penixes intention to develop a commercial shopping center at this intersection. The subject property was annexed by the City of Owasso in October and as a matter of policy the property was annexed with the zoning designation of ACC (Agricultural District). The requested designation of CS (Commercial Shopping District) is consistent with the Owasso Master flan and compatible with typical zoning patterns, i.e. to have commercial zoning designations at the comers of major arterials ( E. 761h St, N. and N. 129t' Ea Ave,), In the corning months two new residential subdivisions will begin to develop, approximately 74 lots are planned in the 'Reserve on Elm Creek' addition 1 mile to the south and more than 150 lots ha:,,,e been zoned residential '/2 mile to the east on E. 76`h Sto N. These new developments will substantially increase the amount of traffic at that intersection, making it more amenable to commercial development. Yn. the immediate area, the property at the northwest corner of the intersection is as of yet undeveloped but .zoned for commercial development. A single family house and a Koala Care child care center currently exist on the property, both owned by the applicant. It is the intention of the applicant to raise the single family borne at the time of construction to make way for the intended commercial shopping center. The Koala Care facility may be incorporated into new development however that determination will be made at a later date. There are two site deficiencies identified on the Koala Care site that will need to be addressed when the surrounding property is developed, namely the borrow ditches along E. 76"' St. N. and the lack of sidewalks. The applicant has agreed to bring the property up to City standards at the time of development whether Koala Care is incorporated into the shopping center or not. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Staff has received one phone call from the public in opposition to the request. The objection was limited to a surrounding property owner's desire to see the area remain developed at a low intensity. A copy of the legal notice is attached for your information and review. If the zoning request is approved, the land will still have to be platted in accordance with municipal regulations in order for development to occur. Significant development will be subject to a site plan review, at which time proposed and existing development will have to meet the City's requirements, Storrawater detention will be required as will adequate infrastructure including water and sewer and all other requirements such as sidewalks, appropriate access and appropriate signagee If the Commission approves this application it will then require City Council approval. Staff recommends approval of ®Z 04-12 to change the zoning designation of the subject property from AG (Agricultural District) to CS (Commercial Shopping District). ATTACEIIN17LNTS 1. General -,,krea Map, 2, Rezoning Application 3, Legal Description and Exhibit 4, Legal Notice u Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918,376.1500 918.376.1597 www.cityofowasso.com a M EM E) OZ 04-12 Penix SE c. of E. 76th St. N. and N. 129th E. Ave. M CITY OF 0 WAD'S' -2251 FAX (918) 272-4997 P.O. BOX 130 OWASSO, OKLAHOMA 74055 (9f8) 272 REZONING APPLICATION i(,� fli 4 GENERAL LOCATION PRESENT ZONING ­4,4-------- PROPOSED ZONING- O-S ---- PRESENT PROPOSED LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) and A ess of Record Owner Name Address or General Location of Subject Property �1 z- 07 /--1 "-' S�-. 4 As apblicant, what is your interest in this property? Name of person to b,billed for publication ' -Phone Opresent Owner ®Agent for Owner ZJ:ievA :pu:b�licat!ion�P,� !I A E]Purchaser ElOther �lailing Address ®Attorney for Owner 41aa"a- 2�L"01 - q�,; 1L I DO HEREBY CERMY TKXT THE INFORMATION HEREIN I S7 L DATE AND ACCURATE TRE SUBMITTED IS COMPLETE, TRUE .4 "_, 772 10 1�-/ Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 v" 20 + acres 200 SUBMITTAL DATE OPC MEETING DATE FEERECEIPT NUMBER APPROVED DENIED DESCRIPTIVE PLAT EAST 76TH STREET NORTH _ 2 2 0 N 90'00`00" E 660.34' NF —— — P - — — — — — — F uoj — 16-5' STATUTORY R/W WEST 145.00' 150' I� 9t Street R/W Line S 89°59'20" W 662.13' R-14-E _'fJ6k T 21 N LEGAL DESCRIPTION SCALE' 1— 80 LOCATION MAP A PART OF THE NORTHWEST QUARTER OF THE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW/4 NW/4 NW/4) OF SECTON THIRTY—THREE (33), TOWNSHIP TWENTY—ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. BEING MORE PARTiCULARY DESRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 33; THENCE N.90'00'00'E. ALONG THE NORTH LINE OF SECTION 33 A DISTANCE OF 650.34 FEET; THENCE S 00'10'56" W A DISTANCE OF 558.71 FEET; THENCE S 89'59'20" W A DISTANCE OF 662.13 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 33; THENCE N 00`20°15" E A DISTANCE OF 658.85 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THE NORTH 50 FEET AND THE WEST 16.5 FEET THEREOF FOR ROAD RIGHT OF WAY AND......... LESS AND EXCEPT A TRACT OF LAND FOR ROAD RIGHT OF WAY MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT A POINT SIXTEEN AND FIFTY HUNDREDTHS ® (16-50) FEET SOUTH AND SIXTEEN AND FIFTY HUNDREDTHS (15.50) FEET EAST OF THE NORTHWEST CORNER OF SECTION THIRTY—THREE (33), TOWNSHIP TWENTY—ONE p (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, THENCE EAST ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 203.50 FEET; THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 33.50 FEET; THENCE WEST ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 145.00 FEET; THENCE SOUTHWESTERLY TO A POINT 50.00 FEET EAST OF THE WEST LINE OF SAID SECTION 33 AND 75.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 33; THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 350.00 FEET; THENCE WEST ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 33.5 FEET; THENCE NORTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 408.50 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING LOCATED IN THE COUNTY OF TULSA, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. TIS PLAT IS FOR DESCRIPTIVE PURPOSES ONLY, AND DES NOT REPRESENT A LAND OR BOUNDARY SURVEY. DESCRIPTIVE PLAT WITNESS MY HAND AND SEAL THISLnn:tSLaY Ok c AUGUST, 2004. nihr.M i W BLAKE c i sir GRAHAM W. BIAKE, RPLS #{1451 PART OF THE NW/4 NW/4 NW/4 SEC 33 T21N-RI4E. CITY OF OWASSO. TULSA COUNTY FOR: HENRY A. PENIX 6Y: P.SS(?C!ATED SURVEYORS, L.L.C. PH.9i8-663-2425 FAX 918-834-7368 237 SOUTH 71 ST EAST AVENUE TULSA, OKLAHOMA 74112 C.A. #1130, EXP. 6/30/2006 Y40TICE TO TFIE. PUBLIC OF A HE ARINGON A PROPOSED AMENDM&ENT TO THE ZONING ORDINANCE OF T-f-LE CITY OF OWASSO, OKLAHOMA APPLICATIONS OZ-84-12 Natice is hereby given that a public hearing will be held before the Owasso Planning, Commission, in the Old Central Building 109 N� Birch, Owasso, Oklahoma, at 7:00 P.N1. on the 8th day of November, 2004. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: A MINN FEET; THENTCE S 000 10'56" VT A 1,hh1;-1AffNCE-Y8'9 - - W A DISTANCE OF 662.13 FEET TO A POINT ON T14E WEST LINE OF SAID SECTION 33; TNENCE N 00'20'15" E A DISTANCE OF 658.85 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THE NORTH 50 FEET AND THE WEST 16.5 FEET THEI+,,OF FOR ROAD RIGHT OF WAY AND. LESS AND EXCEPT A TRACT OF LAND FOR ROAD RIGHT OF WAY MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT A POINT SIXTEEN AND FIFTY HUNDREDTHS (16.50) FEET SOUTH 4 AND SIXTEEN AND FIFTY HUNDREDTHS (16.50) FEET EAST OF THE NORTHWEST CORNER OF SECTION THIRTY-THREE (33), TOWNSHIP TWENTY-ONE (2 1) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, THENCE EAST ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 203.50 FEET; THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 33.50 FEET; THENCE NVEST ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 145.00 FEET; THENCE SOUTHWESTERLY TO A POINT 50.00 FEET EAST OF THE WEST LINE OF SAID SECTION 33 AND 75.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 33; THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE 350.00 FEET; THENCE WEST ALONG A LINE PARALLEL TO TEE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 33.5 FEET; THENCE NORTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 408.50 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING LOCATED IN THE COUNTY OF TULSA, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. The property is further described as located at the southeast cot -tier of N. 129LL E. Ave. and E. 76"' St. N., Owasso, OK. To be considered is a rezoning from, AG (Agricultural District) to CS (Commercial Shopping District), .All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. in the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the CibJ Council of the City of0-vasso forits consideration and action, as prodded by law. The City Council's review of the recommendation of the Planning Commission on the proposed reorring shall be at a meeting time and place to be determined by the council, said information to he available, from the Owasso City Planner. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Dated at Owasso, Oklahorna, this I Vh day of October, 2004. Duane Cuthbertson City Planner CITY OF OWASSO MNnh 1UNITY DEVELOPMENT DEPARTMEM' OZ 04-13 (WINCTIESTERRIDGE) STAFF REPORT BACKGROUND The City of Owasso has received a request from Owasso Land Tuast to rezone approximately 30 acres of property from its current designation of AG (Agricultural District) to RS-3 (Residential Single -Family District). Tine applicants are requesting the zoning change concurrently with OPUD 04-04 (Winchester Ridge) so that they may develop the property in a residential manner. Fropoged Zoning Designation- HEARING DATE Planning Comm, ission, November 8, 2004 RS-3 (Residential Single -Family District) The property is located south and west of the developing Remington Place 11 addition, more specifically V2mice south of E. 116"' St. N. on the east side of N. Garnett Rd. A general area map has been attached for your review. North: Rural residential South: Rural residential East: Undeveloped, however planned as single family residential West: Large lot residential AG (Agricultural District) North: AG (Agricultural District) South: AG (Agricultural District) East: RS-3 (Residential Single Family District) / AG (Agricultural District) West: AG (Agricultural District) / RE (Residential Estates District) ZONING HISTORY October, 2004 — The property was annexed into the City of Owasso. Present — The applicant has concurrently requested the review and approval of a Planned Unit Development (PUD) for the property outlining the development in a residential manner. ra-WIX-INM The first step in the development of a piece of property in Owasso is 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. 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. The third step in the development of a piece of property in Owasso is 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 JAC), 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 Z� 0 t� erosion control, waterlines, stor.-nwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for waste -,,eater collection and the US Army Corps of Engineers for properties that may be development sensitive. I 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 fa, tore development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits 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. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, pelcing, 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 RVAC. The rezoning process is initiated when a property owner submits an applicati requesting a change in a property's zoning designation. The property owner must sub'I 'I an application indicating the current zoning designation and defining the request t zoning designation. The application should be accompanied by the zoning fee, Jj accurate legal description and map showing the property as well as a certified 300' radi report. Upon receipt of a complete application the staff will begin the review process by providing legal notice through the placement of an advertisement of the application in the newspaper, sending notice letters to property owners within 300' of the subject property and posting a sign on the property at the point closest to a public road. While the staff is soliciting ., citizen input from the notification the application will receive an internal review. The internal review consists of answering three primary questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? Based on that criteria staff will formulate a recommendation for the request to forward to the Owasso Planning Commission. 4!� The Owasso Planning Commission will hold a public hearing to determine if the requested zoning change is appropriate and make a recommendation to forward to the Owasso City Council. The Owasso Cibj Council will make the final determination whether or not to rezone the subject property to the requested classification or a less intense classification. If the, zoning designation is changed by the City Council an ordinance officially declaring the rezoning of the property is written and adopted by the Cit-j Council making the change law. The decision to rezone a particular property in the City of Owasso should be based on three fundamental questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. If the request is approved, the subject property would be zoned RS®3 (Residential Single Family District). According to the City of Owasso Zoning Code only single family dwelling uses would be allowed on the subject property by right. The developer's intentions to develop a residential subdivision are consistent with requested zoning, designation. The requested zoning designation of RS-3 (Residential Single Family District) is compatible with the Owasso 2015 Land Use Master Plan as it calls for the property to be utilized in a residential manner. Owasso Land Trust is requesting to rezone approximately 30.00 acres of property to RS®3 (Residential Single Family District) in order to develop the property in a residential manner. The applicant has concurrently submitted a Planned Unit Development (POD) for the property outlining the development as well in a residential manner. This request is consistent with the Owasso Land Use Master Plan as it calls for residential development on the subject property. The request is Coynpatible with recent development trends in the area as it is adjacent and is planned to connect to the developing Remington Place 11 subdivision to the northeast. Remington Place is zoned RS--3 and developed as such. 'The subject property is accessible from N. Garnett Rd. The major arterial is planned.01 for future expansion to a 5 lane roadway to accommodate e,Xpected increase in traffic volume. The corridor has already experienced development such as the one proposed with this zoning request in Bailey Rmich Estates and Sawgrass park less than one raille to the south and Country Estates less than one mile to the north. The property is situated along the boundary line between Cibj of Owasso water service district and Washington County Rural Water District #3- Details illustrating water service will be required dining the platting stages. The property will be served sewer by the City of Owasso. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Staff has received no phone calls or correspondence from the public in regards to the request. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. If the zoning and PUD request is approved, the land will still have to be platted in accordance with municipal regulations in order for development to occur. Stormwater detention will be required as will adequate infrastructure including water and sewer and all other requirements such as sidewalks, appropriate access and appropriate signage. If the Commission approves this application it -Mll then require City Council approval. ATTACHMENTS 1. General Area Map 2. Rezoning Application 3. Legal Description and Exhibit 4. Legal Notice 0 0z' L--- OF V, J-'Y5 CITY OF OWASSO eA.' P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FA-X (918) 272-4997 GENERAL LOCATION 1Q r'K) Ga y V�,Lt,�r PRESENT ZONING -7 PROPOSED ZONING 5-3 REZONING APPLICA'140N t t o s+-,\/ PRESENT USE 'VCkc-a�4-1-ztLAd PROPOSED USE _f_g�ZA�Jta�( LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Name and Address of Record Owner I - As applicant, what is your interest in this proper�'? Upresent Owner [:]Agent for Owner ®Purchaser Other []Attorney for Owner Address or General Location of Subject Property Name of person to be billed for publication OWdLSSO i eAS4-- -�3s) Magi g Address oL,��3sc),c)jc 7qoss Phone '2- 7 2-- Please submit the completed application form and application fee along with a Certified 300�Aadius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 20 + acres 200 V Y SUBMITTAL DATE OPC MEETING DATE FEERECEIPT NUMBER APPROVED DENIED Northwest Quarter of the Northwest Quarter of the Southwest Quarter (NW/4 NW/4 SW/4) of Section 8, Township 21 North, Range 14 East of the I. B&M., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof; and East Half of the Northwest Quarter of the Southwest Quarter (E/2 NW/4 SW/4) of Section 8, Township 21 North, Range 14 East of the L B.&M., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof; P �. 112th PL, N NOTICE TO THE PUBLIC OF A Eli JURLNGOPT A PROPOSED ANEE AMEN`' TO THE ZOl `IO O . ENAT"ICE OF TITS CITY Off' O` 'AS;SO, OK,AHOTN APPLICATION- OZ-04-13/0RUD, 04-04 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Old Central Building, 109 N. Birch, Owasso, Oklahoma, at 7:00 P.-AM. on the 8th day of November, 2004. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property; NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (N/4 NW/4 SWA) OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I. .&M., TULSA COUNTY, STATE, OF OKLAHOMA, ACCO NG TO THE U.S. GOVERNMENT SURVEY THEREOF; AND EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (E/2 NW/4 SDI/4) OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M., TUL,SA COUNTY, STATE OF O1U.AH1OrvIA, ACCORDING TO THE U.S. GOVERNNIENT SURVEYTHEREOF; SAID PROPERTY CONTAINS APPROXJIPMATELY 30 ACRES, MORE OR LESS. The property is further described as located !mile north of E. 106`h St. N. on the east side of N. Garnett Rd., Owasso, OIL. To be considered is a rezoning from AO (Agricultural District) to OPUD 04-04/RS-3 (Residential Single -Family District). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Dated at Owasso, Oklahoma, this I Vh day of October, 2004. Duane Cuthbertson City Planner CII'Y OF OWASSO C0-MIVM,TNITY DEVE LOPMEIT'IfT DEPARTI%4E, NT OZ 04-14 (City of Owasso) STAFF REPORT BACKGROUND As part of the North Garnett Road improvements, the City of Owasso is realigning the southern end of N. Garnett Rd.'s mile section between E. 96"' St. N. and N. 86"' St. N. To facilitate this realignment, the City has reached an agreement With the, 01daho m a Department of Transportation (ODOT) for the conveyance of 11.61 acres from ODOT ownership to City ownership. Much of the Garnett realignment will take place within this eleven acres. The city will assume maintenance and other responsibilities of ownership upon the transfer of the property. One of the ownership responsibilities is that of land use, The recently adopted 2015 Land Use Masterplan designates the property for commercial use. Therefore, the City of Owasso is seeking to rezone 11.61 acres from their current designation of AG (Agricultural District) to CG (Commercial General District). Current Zoning Designation® AG (Agricultural District) The properties are located at the northeast and northwest comers of E. 86"' St. N. and N. Garnett Rd. A general area map has been attached for your review. EMMMM SURROUNDING LAND USE North: Undeveloped South: Residential East. U.S. Hwy 169 West: Larry's Chicken restaurant PRESENT ZONING AG (Agricultural District) SUP -ROUNDING ZONING North: CG (Commercial General District) South: RS-3 (Single -Family Residential District) East: U.S. Hwy 169 West: CG (Commercial General District) DEVELOPMENT PROCESS The first step in the development of a piece of property in Owasso is 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. 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. The third step in the development of a piece of property in Owasso is 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 inft-astmcturc are typically 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 Ewhronmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal slaws 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 Co fission, 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. Lot splits 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. The fourth step in the development of a -piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building set -backs, parldrig, access, landscaping, ping, 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 H-VAC. The rezoning process is initiated when a property owner submits an application requesting a change in a property's zoning designation. The propel ty owner must submit an application indicating the current zoning designation and defining the requested zoning designation. The application should be accompanied by the zoning fee, an accurate legal description and map showing the property as well as a certified 300' radius report. Upon receipt of a complete application the staff will begin the review process by providing legal notice through the placement of an advertisement of the application in the newspaper, sending notice letters to property owners within 300' of the subject property and posting a sign on the property at the point closest to a public road. As staff is soliciting citizen input from the notification the application will receive an internal review. The internal review consists of answering three primary questions: Z� L Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3 I Is the proposed zoning designation consistent with surrounding development? Based on that criteria staff will formulate a recommendation for the request to forward to the Owasso Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the requested zoning change is appropriate and make a recommendation to forward to the Owasso City Council. The Owasso City Council will make the final determination whether or not to rezone the subject property to the requested classification or a less intense classification. If the zoning designation is changed by the City Council an ordinance officially declaring the rezoning of the property is written and adopted by the City Council making the change law. The decision to rezone a particular property in the City of Owasso should be based on three fundamental questions: 1. Is the requested zoning designation consistent with the Chvasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing, If the application is approved, the subject property would be zoned CG (Commercial General District). According to the City of Owasso Zoning Code a multitude of uses would be allowed on the subject property including retail shopping, bakery, offices and salons. The uses allowed in the proposed zoning category are compatible with the surrounding uses and zoning categories. The requested zoning designation of CG (Commercial General District) is consistent with the Owasso 2015 Land Use Master Phan and consistent with the development trends in the surrounding area. ANALYSIS The City of Owasso is seeping to rezone two parcels of property around the realignment of N. Garnett Rd. on the north side of the intersection with E. 86"' St. N. to a zoning designation of CG (Commercial General District). The request is consistent with the Owasso Land Use Master Plan as the parcels are; located in a high traffic area identified for commercial development. The requested designation is compatible with surrounding property as parcels to the east and north are zoned CG (Co m- mercial General District) as well. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Staff has received no phone calls or correspondence from the public in regard to the request. A copy of the legal notice is attached for your information and review. If the zoning request is approved, the land will still have to be platted in accordance with municipal regulations in order for any future development to occur. Significant development would be subject to a site plan review, and the proposed development would have to meet the City's requirements. If the Coin mission approves this application it will theca require City Council approval. RECOWMENDATION Staff recommends approval of OZ 04-14 to change the zoning designation of the subject property from AG (Agricultural District) to CG (Commercial General District). ATTACHMENTS 1. General Area Map 2. Rezoning Application 3. Legal Description and Exhibit 4, Leaal�Notice N M PE Owasso Community OZ 04-14 Development Department 111 N. Main St. - Owasso, OK 74055 918.376.1500 918.376.1597 ww,.v.cityofowasso.com SE c. of E. 76th St. N. and N. 129th E. Ave. M CITY OF OWASSO PAtq P.O. BOX 180 OWASSO, OKLAHOMA 74055 (913) 272-2251 FAX (918) 272A997 REZONING APPLICATION GENERAL LOCATION NE corner of Garnett and PRESENT ZONING -R6t4 AQ_Ac jriquiturELI SENT USE PRE _Ejaby a_y_xj_gja_t PR0POSEDZONJNGCG_r-QMPROPOSED USE Mer i a y LEG, ., DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) -6-e—P —B—tt-dahad—dap ad-----_ Name and Address of Record Owner pept_.­,of Transportation As applicant, what is your interest in this property? [Present Owner [:]Agent for Owner @Purchaser ®Other DAttorney for Owner Rk SUBMITTED IS COMPLETE, TRUE AND ACCURATE Address or General Location of Subject Property NE corner of Garnett and 86th St Name of person to be billed for publication FPhone klailing Address z:1 Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0® 0.99 acres $75 1® 4.99 acres 100 5-19.99 acres 150 20 + acres 200 SUBMITTAL DATE OPC MEETING DATE FEE RECEIPT NUMBER APPROVE®DENIED -i-a.Lsa uounLy uierx — mamiraz W1143UN D.a# 04119242 p9g' 2 Rapt # 754878 10/01/04 14:58:36 111111111 ill Till Mill MI mill Mill 119111111111911 Fee 15.00 w000754878004A City of Owasso Attn: Juliann Stevens PO Box 180 Owasso, Oklahoma 74055 QUITCLAIM DEED F-521(6) Part of Parcel 48 Tulsa County THIS INDENTURE, made this 20th day of September, 2004, A.D., between the State of Oklahoma, ex rel., Oklahoma Department of Transportation, party of the first part, and the City of Owasso, a municipal corporation, party of the second part,. WITNESSETH- That said party of the first part, in consideration of the sum 01 Ono and Noll 00 Dollars ($1.00) and other valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, except for and subject to any existing utility easements, licenses or permits and subject to the reservations and exceptions made hereinafter, does hereby quitclaim, grant, bargain, sell and convey unto the City of Owasso, a municipal corporation, party of the second part, all its rights, title, interest, estate, and every claim and demand, both at law and In equity, in and to all the following described property, to -wit: A strip, piece or parcel of land lying in part of the SEI/4of Section 19, T21 N, R14E In Tulsa County, Oklahoma. Said parcel of land being described by metes and bounds as follows: TO HAVE AND TO HOLD the above described premises unto the said party of the second part, its successors and assigns, forever, so that neither it, the said State of Oklahoma, ex rel., the Department of Transportation, nor any person or entity in its name and/or an its behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof, but it and everyone of them shall by these presents be excluded and foreverbarred, subjectto the limitations, reservations and exceptions set out above. The intent of this instrument is to convey nvey under Title 69 Oklahoma Statutes (2001), Section 501(C), any and all of the State of Oklahoma, ex rel., the Department of Transportation's right, title and interest,. as a direct result of the formal removal of the old U.S. Highway No. 169 (Garnett Road) from the State Highway System by Transportation Commission Agenda Item 5 and formally approved by the Oklahoma Transportation Commission on January.3,1989. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand the said year first above written. APPROVED AS TO FORM AND LEGALITY State of Oklahoma ) )ss. Oklahoma County ) . Before me Ow" A of in and for this state, on this �2u�—day 2004, personally appeared Kurt Harms, to me known to be the Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, and the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity as Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, as his free and voluntary act and deed, and as the free and voluntary act and deed as such Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, for the uses and purposes therein set forth. J Witness my hand and seal the'day and year above written. My,Comrhls§IP6- Expires: Notary Public MyCommissiO NO,:n,:. L`omm� 'o ben`ShY� Mailing Address: City of Owasso Public Works Department 301 West 2nd Avenue Owasso, OK 74065 Doc# 04119241 P96 2 754878 10/01/04 14:58:32.­ 11119111 Hill Hill 11111 Mill III N1 11111IN III Hill 2111111 IN Fee 15.00 A000754878003m F-521(6) City of Owasso 'Part of Parcel 47 Attn: Juliann Stevens Tulsa County PO Box 180 Owasso, Oklahoma 74055 QUITCLAIM DEED THIS INDENTURE, made this 20th day of September, 2004, A.D., between the �A State of Oklahoma, ex rel., Oklahoma Department of Transportation, party of the first part, and the City of Owasso, a municipal corporation, party of the second part, WITNESS ETH- ghat said party of the first part, in consideration of the sure of One and NoJ100 Dollars ($1.00) and other valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, except for and subject to any existing utility easements, licenses or permits and subject to the reservations and exceptions made hereinafter, does hereby quitclaim, grant, bargain, sell and convey unto the City of Owasso, a municipal corporation, party of the second part, all its rights, title, interest, estate, and every claim and demand, both at law and in equity, in and to all the following described property, to -wit: A strip, piece or parcel of land lying in part of the SE1/4 of Section 19, T21 N, R14E in Tulsa County, Oklahoma. Said parcel of land being described by metes and bounds as follows: - Beginning at a point on the South line of said SE'/a distance of 330.00 feet West of the SE comer of said SEX, thence North along a line parallel to the East line of said SEY4 a distance of 330.00 feet, thence East along a line parallel to the South line of said SEI/4 a distance of 88.95 feet, thence S 1302912" W a:distance of 341.24 feet to the point of beginning. Containing 0.33 acres, more or less. Grantor, reserves and excepts unto itself, its successors and assigns ALL PREVIOUSLY ACQUIRED RIGHTS OF ACCESS from said 0.33 acres, more or less to the lands or right-of-ways covered by the abutting U.S. Highway No. 169 Limited Access Highway facility. IN ADDITION to the limitations stated above, there is specifically excepted and reserved the rights of continued access to the local access road and to said property by both the abutting and non -abutting landowners; and the continuing rights of any existing utility easements, licenses or permits which may presently be occupying said lands. TO HAVE AND TO HOLD the above described premises unto the said party of the second part, its successors and assigns, forever, so that neither it, the said State of Oklahoma, ex rel., the Department of Transportation, nor any person or entity in its name and/or on its behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof; but it and everyone of them shall by these presents be excluded and forever barred, subject to the limitations, reservations and exceptions set out above. The intent of this instrument is to convey underTitle 69 Oklahoma Statutes (2001), Section 501(C), any and all of the State of Oklahoma, ex rel., the Department of Transportation's right, title and interest, as a direct result of the formal reMOV21 of the old U.S. Highway No. 169 (Garnett Road) from the State Highway System by Transportation Commission Agenda Item 5 and formally approved by the Oklahoma Transportation Commission an January 3, 1989. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand the said year first above written. APPROVED AS TO FORM AND LEGALITY STATE OF OKLAHOMA, ex rel., DEPARTMENT OF TRANSPORTATION K rt Harms Chief, Right-Of-W2y Division State of Oklahoma ) Oklahoma County I�afore me, d f in and this state, on this c aMLLQn_I0 _20t _,�— day of 2004, personally appeared Kurt Harms, to me known to be the Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, and the -identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity as Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma bepartment of Transportation, as his free and voluntary act and deed, and as the free and voluntary act and deed as such Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, for the uses and purposes therein set forth. Witness my hand and sea] the day and year above written, My OdmmI506 r Expires: Notary Public my,Q rhmik6n No.,:. Mailing Address. City of Owasso Public Works Department 301 West 2 Id Avenue Owasso OK 74055 Tulsa County Clerk - EAR.LENZ w.Lj�buv Doc# 04119240 'ga 2 Recaipt 4 754878 10/01/04 14:58:28 11111101pill311N 11 ®r 111111191111111111011111111 F(--a 15.00 N000754878002A City of Owasso Attn: Adiann Stevens n i PO Box 180 IV Owasso, Oklahoma 74055 QUITCLAIM DEED F-521(6) Part of Parcel 43 Tulsa County fA THIS INDENTURE, made this 20th day of September, 2004, A.D., between the 11, State of Oklahoma, ex rel., Oklahoma Department of Transportation, party of the first part, and the City of Owasso, a municipal corporation, party of the second part, WITNESSETH., That said party of the first part, in consideration of the sum of One and Noll 00 Dollars ($1,00) and other valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, except for and subject to any existing utility easements, licenses or permits and subject to the reservations and exceptions made hereinafter, does hereby quitclaim, grant, bargain, sell and convey unto the City of Owasso, a municipal corporation, party of the second part, all Its rights, title, interest, estate, and every claim and demand, both at law and In equity, in and to all the following described property, to -wit: A strip, piece or parcel of land lying In part of the SWI/4SWI/4 of Section 20, T21N, R14E in Tulsa County, Oklahoma. Said parcel of land being described by metes and bounds as follows: Beginning at the NW cornerof said SWI/4 SWY4, thence East along the North line of said SWY4 SWY4 a distance of 185.00 feet, thence S 19'05'33" W a distance of 533.25 feet to a point on the West line of said SW'/'4 SWY4, thence North along said West line a distance of 504.03 feet to the point of beginning. ! Containing 1.07 acres, more or less. 101kWA which may presently he occupying said lands. TO HAVE AND TO HOLD the above described premises unto the said party of the second part, its successors and assigns, forever, so that neither it, the said State of Oklahoma, ex rel., the Department of Transportation, nor any person or entity in its name and/or on its behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof; but it and everyone of them shall by these presents be excluded and forever barred, subject to the limitations, reservations and exceptions set out above. The intent of this instrument is to convey under Title 69 Oklahoma Statutes (2001), Section 501(C), any and all of the State of Oklahoma, ex rel., the Department of Transportation's right, title and interest, as a direct result of the formal removal of the old U.S, Highway No. 169 (Garnett Road) from the State Highway System by Transportation Commission Agenda Item 5 and formally approved by the Oklahoma Transportation .Commission on January 3, 1989. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand the said year first above written. APPROVED AS TO FORM AND LEGALITY STATE OF OKLAHOMA, ex rel., DEPARTMENT OF TRANSPORTATION n A n 0 �r'ttrms Chief, Right -of -Way Division State of Oklahoma )ss' Oklahoma County f Beore me, in and for this state, on this 11 1 C20"--- day of 2004, personally appeared Kurt Harms, to me known to be the Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, and the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity as Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, as his free and voluntary act and deed, and as the free and voluntary act and deed as such Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, for the uses and purposes therein set forth• ifVitn"s,`:my hind end seal the day and year above written. Myborn-ks4n' Ex"pir' s: Notary �PublicQA9-6--- My:'Commlssl6n No.., Mailing Address° City of Owasso Public Works Department 301 West 2" Avenue Owasso, OK 74055 T111; 9® Tulsa County Clerk - EARLENE WILSON Dock 04119239 Pg-q 2 Receipt d 754878 10/01/04 14:58:24. 1111111 Hill 10111111111111111111111111111111111111113111111111 IN .00 Fee A000754878001A 15 F-521(6) City of Owasso Part of Parcel 49 Attn: Juliann Stevens Tulsa County PO Box 180 Owasso, Oklahoma 7405 5 QUITCLAIM DEED. THIS INDENTURE, made this 20th day of September, 2004, A.D., between the State of Oklahoma, ex rel., Oklahoma Department of Transportation, party of the first part, and the City of Owasso, a municipal corporation, party of the second part, WITNESSETH. That said party of the first part, in consideration of the surn of One and Noll 00 Dollars ($1.00) and other valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, except for and subject to any existing utility easements, licenses or permits and subject to the reservations and exceptions made hereinafter, does hereby quitclaim, grant, bargain, sell and convey unto the City of Owasso, a municipal corporation, party of the second part, all its rights, title, interest, estate, and every claim and demand, both at law and in equity, in and to all the following described property, to -wit: A strip, piece or parcel of land lying in part of the NE'® of Section 19, T21 N, R14E in Tulsa County, Oklahoma. Said parcel of land being described by metes and bounds as follows, Beginning at the SE corner of said NE%, thence West along the South line of said NEI/4 a distance of 115.58 feet, thence N 01 107'46" W a distance of 470.46 feet, thence S 89156'00" E a distance of 116.00 feet to a point on the East line of said NEI/4, thence South along said East line a distance of 469,50 feet to the point of beginning. Containing 1.24 acres, more or less. IN ADDITION to the limitations stated above, there is specifically excepted and utility easements, licenses or permits which may presently be occupying said lands. TO HAVE AND TO HOLD the above described premises unto the said party of the second part, its successors and assigns, forever, so that neither it, the said State of Oklahoma, ex rel., the Department of Transportation, nor any person or entity in its name and/or on its behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof; but it and everyone of them shall by these presents be excluded and forever barred, subject to the limitations, reservations and exceptions set out above. The intent of this instrument is to convey underTitle 69 Oklahoma Statutes (2001), Section 501(C), any and all of the State of Oklahoma, ex rel., the Department of Transportation's right; title and interest, as a direct result of the formal removal of the old U.S. Highway No. 169 (Garnett Road) from the State Highway System by Transportation Commission Agenda Item 5 and formally approved by the Oklahoma Transportation Commission on January 3,1989. IN WITNESS WHEREOF, the said party of the first part has hereunto set its ha the said year first above written. APPROVED AS TO FORM AND LEGALITY STATE OF OKLAHOMA, ex rel., DEPARTMENT OF TRANSPORTATION AK tiarDs Chief, Right -of -Way Division 'Zo State of Oklahoma sa. Oklahoma County ) Before me, in and for this ' state, on this day of�W-20-04,personallyoppeanmd Ku�Harms, kz me known tohetUe[�hi��Righ�of-Way Division, State ofOklahoma, exrei.Oklahoma Department of Transportation, and the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity as Chief. Right -of -Way Division, State of C)k|ahorna, ex rel., Oklahoma Department of Transportation, eshis free and voluntary act and deed, and asthe free and voluntary act and deed as such Chief, Right -of -Way Division, State of Oklahoma, m: nai, Oklahoma Department ofTransportation, for the uses and purposes therein set forth. Witness myhand and seal the day and year above written. My Commission Expires: Notary Public Mailing Address- City of Owasso Public Works Department 301VVms 2"' Avenue Owasso, OK74O55 NOTICE 0 `AWE RI' LC OF A HEARING ON A PROPOSEDkNMENDIVIENT TO =1 ZOPTING ORDINANCE OF TRE, C `Y OF OWA SO, 0 CUkH0JI JA t FLICATION. OZ-04-14 Notice is hereby given that a public hearing will be hold before the Owasso Planning Coma-rission, in the Old Central Building 109 -1, birch, Owasso, Oklahoma, at 7:00 PoNL tq on the 8th day of Novernber, 20040 At that time and place, consideration will be given to the proposed change of the zoning classification of approximately 11.61 acres of property located in the northwest corner of U.S. Hvq 169 and E. 86'h St. i ., Owasso, OK. To be considered is a rezoning from Air (Agricultural District) to CIS (Commercial General District). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the Cite of Owasso for its consideration and action, as provided by law, The City Councils review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 11 l N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. at G rasso, £ borne this 3 1t1i day of October, 2004. ane City Planner CITY OF OWA COTA/11-VIVI-7-1-ITY DEVELOPMENT DEPARTMENT OPUD 04-04 CWINCHESTER RIDGE) STM'F REPORT BACKGROUND 'The City of Owasso has received a request from Owasso Land Trust for the review and approval of a Planned Unit Development The PUD provides an outline for the residential development of approximately 30 acres of property. The property would be developed with single family homes in accordance with an RS-3 (Residential Single -Family District) underlying zoning designation. In conjunction with OPUD 04-04 the applicant has submitted OZ 0443, a request to rezone the property to IDS-3 (Residential Single Family District), to be utilized as the underlying zoning designation. PRE, SENT ZONING: AG REQUESTED ZONING: PUD/ RS-3 The subject property is located V2mile south of E. I I 6h St. N. on the east side of N. Garnett Rd.; south and west of the developing Remington Place additions. An area map is attached for your review. MM=4 North: Rural residential South: Rural residential East: Undeveloped, this property is planned for residential development West: Large -lot residential, Meadowcrest addition PRESENT ZONING AG (A agricultural District) SURROUNDING ZONING North: AG (Agricultural District) — Tulsa County South- AG (Agricultural District) — Tulsa County East: RS-3 (Residential District) West: AG (Agricultural District) -- Tulsa Counhy/ftE (Residential Estates District) DEVELOPMENT PROCESS The first step in the development of a piece of property in Owasso is 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. 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. The third step in the development of a piece of property in Owasso is 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 typically 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. �1 y. After obtaining app roval 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. Lot splits 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 hvo or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. 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. PUD REVIEW PROCESS The PUD review process is initiated when a property owner submits an application for a Planned Unit Development. First, an application for a PUD is filed with the Planning Commission. The application is accompanied by a fee in accordance with the established fee schedule. Such fee does not include advertising and sign costs that are billed to the applicant. Upon receipt of all appropriate materials the staff initiates the review process when begins with a thorough analysis of the proposal. The primary consideration is the proposals compliance with the Owasso Zoning Code, specifically Chapter 8. The PUD is then presented to the Owasso Technical Advisory Committee, when utility providers and staff are able to review and provide input on the proposals details. The Technical Advisory Committee along with city staff make a recommendation to the Owasso Planning Commission. The Owasso Planning Commission reviews the PUD proposal to determine if the proposal is compliant with the Owasso Zoning Code and forwards a recommendation to the Owasso City Council. The Planning Commission may make a recommendation to approve the proposal with conditions. If so, the conditions must be met before the application is forwarded to Council unless the applicant disputes a condition, then the council will make the final determination. The Owasso City Council will make a final determination as to whether the PUD proposal is complaint with the Owasso Zoning Code and consistent with development plans for the City of Owasso. If the Council approves the PLTD an ordinance officially declaring the zoning change to PUD is written and adopted by the City Council. The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under conamon 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 valiance process. The supplemental zoning district PUD rnust be approved by the City Council as a prerequisite to the Planned Unit Development. ANA-LYSIS The Zoning Code identifies that the Plaiming Commission shall conduct a public hearing and shall determine: (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 PUI) 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. Permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. Permit flexibility within the development to best utilize the Unique physical features of the particular site; c. Provide and preserve meaningful open space; d. Achieve a continuity of function and design within the development. Particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. During a public review a decision on zoning changes must be based on one fimdal question: does the requested zoning allow a land use that is appropriate for the subject property? ingwel-eig "'MINN The Owasso 2015 Master Plan identifies the subject property as having a future land use of residential. The Planned Unit Development proposes only residential single family development; therefore this request is consistent with the Owasso 2015 Land Use Master Plan. Winchester Ridge represents a trending housing market in the City of Owasso. The proposal would allow for garden homes in a cohesive neighborhood setting that would supplement the City's current housing stock and provide further opportunities for home ownership. In lieu of another commercial development along the N. Garnett Rd. corridor, the proposal would provide for a consistent and well -designed subdivision that staff is certain would prove to be an aesthetically pleasing addition to the City of Owasso. Residential developments such as that proposed in the Planned Unit Development have successfully integrated into various sectors in Owasso. The proposed development will connect to a compatible residential development, Remington Place to the northeast, while -the property to the east is being planned residential as well. The property lies along the east side of North Gunett Road; a main nortb/south arterial roadway in Owasso. Other compatible residential developments can. be found along this roadway a mile to the north and. south. J'hose developrnents have �vorkeld well and have created no objectionable issues in the area. The sunroundinc, area is rapidly developing and the pace at which it develops is increasing. The Z� Sinith Farm Marketplace shopping center is currently tinder construction just one and a half miles to the south on N. Garnett Rd. This development will most likely accelerate the growth of Owasso and quite possibly have a tremendous impact on the N. Garnettt Rd. corridor. In addition to the planned commercial development, a full service hospital has been planned for E. 106 th St. N. less than a quarter of a mile from N. Garnett Rd. As this sector of Owasso grows, development pressure will increase for the surrounding properties immediately to the north and south. The requested PUD, Winchester Ridge, is compatible with the developing trends in Owasso and will fill a residential need that seems to be rapidly growing. The applicant has effectively utilized the site, its existing features and thoughtfully arranged the site within the PUD. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrict -Ions incorporating all conditions of the PUD shall be submitted. The applicant has identified the terrain of the area as relatively flat with some 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, PLAIN LTG AND SITE ENGINEE11UNG While the applicants have provided for an onsite detention pond and ample open space to accommodate detention and drainage needs; a detailed drainage report and certification of such document by an engineer will be required at the time of platting, The internal street layout appears to be of a logical and sensible pattern; providing for good connectivity. The development proposes its primary access from N. Garnett Rd. to the west while keeping open the options for connecting to future development with stubbed streets to the northeast and southeast. Sidewalks throughout the subdivision will be required during the development phases. The lot layout that is proposed within the PUD conceptual development plan is solid and would appear to meet the requirements of the Oviasso Subdivision Regulations. The requested development standards in the PLYD are all within the requirements of -the Owasso Zoning Code and allowable according to Chapter 8, Planned Unit Developments. LEGAL PLANNING CONSIDERATIONS OF PUDS ALLOWED BY CODE. USES PERMITTED — The Owasso Zoning Code would enable the PUD to include all uses allowed in the underlying zoning category, by right or special exception, which at this point is requested as RS-3 (Residential Single Family District). This includes single family dwellings, duplex dwellings, and community services and cultural and recreational facilities. The applicant requests only single family dwelling units to be included in the Planned Unit Development. BULK AND AREA REQUIREMENTS — As stated earlier, the applicant requests an RS-3 Single Family Residential District designation for the property. The Planned Unit Development allocates 30.00 acres for single family residential units and according to the provisions in PUD section of the zoning code the property would be able to -accommodate -up to 155 dwelling units, The applicant is requesting a maximum 140 dwelling units. The Owasso Zoning Code allows residential development within a PUD a minimum of 800 ft2 lot size while the applicant requests a minimum of 5,000 ft'. The PUD section of the Owasso Zoning Code requires a minimum of 20' lot width compared to the applicants request to provide 50' lot widths. BUILDING HEIGHT AND YAR-DS — The PUD section of the zoning code enables the Planning Z:5 Commission to prescribe responsible building height limitations. The applicant is requesting a maximum of 2 stories. The code requires a minimum front yard setback of 25' from all non - arterials while the applicant is requesting, a 20' setback. The requested setback is consistent with those approved in recent residential developments throughout the City. SCREENING AND LANDSCAPING REQUIREMENTS — The Planning Commission shall prescribe perimeter requirements for screening and landscaping as are necessary to assure C) compatibility with adjoining and proximate properties. The proposed use of the property is residential; there are no screening requirements for residential developments unless deemed necessary by the Planning Commission. The Owasso Technical Advisory Committee reviewed the OPUD-04-04 proposal at the October 27, 2004 regular meeting. All comments received at that meeting are incorporated into the conditions listed below. Staff has received no phone calls in opposition of the request. RECONINITENDATION Staff rolcomrnends approval of O1'1JD-04-04 subject to the following conditions: 1. That the applicant's Development Text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code; 2. That imless specifically set out in the standards and conditions of this PUD, all single-family lots shall meet the requirements oflatrpical RS-3 district; 3. That prior to the issuance of building permits, the applicant is subject to the platting requirements of the City of Owasso and all subsequent conditions imposed by the, Owasso Technical Advisory Committee; 4, 'That no building permits be issued within any portion of the PUD until the developer ineets all criteria outlined within Chapter 8 of the Owasso Subdivision :Reg ulations; 5. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary; 6. That a detailed drainage report certified by a registered engineer be submitted at the time of platting; 7. Sidewalks will be required along all public roadways abutting or within the property; o That all entrance landscaping and/or monuments are reviewed and approved by the Planning Commission; 9, The Planning Commission reserves the right to prescribe additional buffering, screening, and setbacks during the platting process; 10. Show sideyard setback plan on the subdivision plat. ATTACHTNIENTS I . General Area Map 2, OPUD-04-04 Application 3, ®Ply-04-04 Outline Development Plan 4. Legal Notice Owasso Community Development Department I I I N. Main St. Owasso, OK 74055 9t8.376.1500 918.376.1597 w-,,vw.cityofowasso.com P OZ 04-13/OUD 04-Orl Owasso Land Trust i CITY OF 0 WASSO T L 1 �Y ( P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 PLANNED UNIT DEVELOPEMNT APPLICATION GENERAL INFORMATION: ld/IATION: GENERAL LOCATION_ o4k T r�LcM PRESENT ZONING A ---- -- NO, OF UNITS___L �r _ e Its JfN PRESEN'Y USE— 1 ,- cc, h 1 m ACRES : �14 -- — - LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Please submit the completed application form and application fee along with a Certified 30' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Rezoning will be reviewed. Pee Schedule Submittui[eureuts 0- 0.99 acres $75 Topographic Map 1- 4.99 acres 100 Outline Development Plan 5-19.99 acres 150 Outline Development Text 20 + acres 200 300' Radius Report TAC MEETING DATE OPC MEETING DATE SUBMITTAL DATE ZONNG DISTRICT FEE RECEIPT NUMBER I APPROVED DEl`dIED Submission for: PLANNED UNIT DEVELOPMENT W1j'VCffES'--(E R RID E a proposed Addition to the City of Owasso, Tulsa County, State of Oklahoma (in part of the Southwest Quarter of Section 8, Township 21 North, Range 14 East) Submitted to: CITY OF OWASSO, OKLAHOMA Prepared by: CHARNEY Et BUSS, P.C. P.O. Box 240 Owasso, Oklahoma 74055 (918) 272-5338 Development Concept .... ................................................... ..--. 3 Statistical Summary .... .-....................... ............ ....... --_—_.' 4 Development Standards - Garden Homes ............... ..-........... .-....-- 5 Property Owners' Association ...... ........... ...-............... ........ ........ . 6 PbttbnuRequirements ... ........................ ,..................,....... .. 7 SitePlan Review ...... .................................................... ...... -...... ., 7 Expected Schedule ofDevelopment .................... ................................. , 7 Site Analysis Underlying Zoning P) Winchester Ridge is a proposed planned unit development (PUD) comprised of]O±acres in northern Owasso, Oklahoma. The property is located on the east side of Garnett between 106mStreet North and 11hmStreet North. The site is characterized by relatively fiat to slightly rotting terrain. The existing soils on the site create no unusual development problems that are not commonly encountered in most other area developments. Overall, this site has excellent deve(npmentpossibilities, Winchester Ridge is a residential, "garden -home" type development that will feature low maintenance yards and msnnaii, secure neighborhood feeling. Many prospective residents intoday's marketplace desire smatter, well -maintained yards along with cute homes on smaller lots. This neighborhood vvK| also contain a ''pocket- park(s)" that is available for general neighborhood use as a green area for residents. This development STATISTICAL SUMMARY Project Area 30 gross acres 1, I- Residential 30 gross acres Maximum Dwelling Units Requested: 140 dwelling units DEVELOPMENT AREAS RESIDENTIAL: Single -Family Detached ("Garden Homes") > Total Area: + 30 gross acres > Requested Number of Dwelling Units: 140 M DEVELOPMENT STANDARDS DetmchedKuones/tes: Garden Homes Single-family detached structures intended for individual lot ownership. > Permitted Uses Aapermitted within RS']District, Byright orspecial exception > Minimum Lot Size 5,000sq. ft. }» Maximum Building Height 2stories > Minimum Front Yard if Abutting PubUcStreet 20ft. > Corner Lot Minimum Side Yard Abutting Public/Private Street 10* ft. > Minimum Lot Frontage** � Minimum Lot Depth Minimum Rear Yard > Minimum Side Yard 5UfL 1OOft, 150L. 5/5 ft. orO/10ft. ^Only front -facing garages shalt be permitted within the Addition. No garage openings will be permitted which face a 10 foot building setback. Cul-de-sac and pie shaped tots may have less than minimum frontage measured at building tines. Other Requirements: It is intended that a preliminary and final plat wit[ be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or pursuant to their review. PROPERTY OWNERS' ASSOCIATION The Property Owners' Association to be established at Winchester Ridge will have as its main objectives, the maintenance of the detention area, landscaped entrances, and all ether landscaped buffers and islands; if any. These areas are to be prepared by the developer and turned over to the Winchester Ridge Property Owners' Association for maintenance. in the event the Association fails to maintain these areas in a proper and safe manner, the city of Owasso will have the right to maintain these areas and bill each member of the Winchester Ridge Property Owners' Association for that cost. Should payment by any member not occur, the city of Owasso and/or the Winchester Midge Property Owners' Association may place a lien on the delinquent member's real property within the platted area. Final documents on the Property Owners' Association of Winchester Ridge will be filed in the future which will address rights and requirements for association members, I PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Manning Commission and the Owasso City Council and duly filed of record, provided, however, that development areas may be platted separately. Restrictive covenants shalt be established which are not inconsistent with the terms hereof and where appropriate, the city of Owasso shall be made a beneficiary thereof. SITE. PLAN REVIEW No building permit shall be issued for the construction of buildings within a development area until a site plan of the development area has been submitted to and approved by the city of Owasso Planning commission as being in compliance with the PUD Development Concept and the development Standards. Separate building plans may be submitted for individual home construction after the subdivision has been given final approval by the city of Owasso. EXPECTED SCHEDULE OF DEVELOPMENT Development of Winchester Ridge is anticipated to commence upon approval and of zoning and platting. a Z-;N j NOTICE O TIC PUBLIC OF A ARWNG 01I A PROPOSED AMNIEND Ni '+ NT TO THE ZONI PiG ORDINANCE F THE rCYVY t. F OWA-SSO, � UJOPJ =k AP-PLICAT ION- OZw04- 3/OPU D 04- 04 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Old Central Building, I09 N. Birch, Owasso, Oklahoma, at 7:00 P.i�,I. on the Sth day of November, 2004. At that tirne and place, consideration will be given to the proposed change of the zoning classification of the following described property: NORTI-PNEST QUARTER OFTITE NORTIHANEST QUARTER OF THE SOUTTIYES T QUARTER (NW/4 NW/4 S /4) OF SECTION 8, TOWNSHIP 21 NORTH, RANG 14 EAST OF THE I.B.&M., TUL SA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNNIENT SURVEY THEREOF; AND EAST HALF OF THE NORTHWEST UV 8. ST QUARTER OF THE SOUTHWEST QUARTER (E/2 NW/4 SW/4) OF SECTION 8, T ONVIi Sly 21 NORTH, RANGE 14 EAST OF THE I.B. & M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDIING TO THE U.S. GOVERNMENT SURVEY THEREOF; SAID PROPERTY CONTAINS APPRO XINIATELY 30 ACRES, MORE OR LESS. The property is further described as located % mile north of E. 106'h St. N. on the east side of N. Garnett Ind., Owasso, O. To be considered is a rezoning from AG (Agricultural District) to OPUD 04®041/RSm3 (Residential Single -Family District). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, I 1 I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. Dated at Owas , Oklahoma, this l It°' day of October, 2004. — ,Duane Cuthbertson Citv Planner CITY Of OWASSO COMMUNITY DEVELOPMENT DEPARTNAINT Planned Unit Develop ra -.At Minor Amendin ent (OPUD — 12-A Bailey Ranch Estates) STAFF IZEFORT BACKGROUPM The City of Owasso has received a request from Bailey Ranch Development Group for the review and approval of a minor amendment to OPUD-1.2-A (Bailey Ranch Estates). The subject Planned Unit Development was approved by the Owasso Planning Commission in August, 2000. During the review process of that Planned Unit Development, adjacent property owners to the north and east expressed concern about the development and cited the impact it would have on their existing rural character and stable property values. As a result of citizen input, the Planned Unit Development was modified to require 50' rear yard setbacks for all perimeter lots to the north and cast of the proposed development and that those lots contain a dwelling unit with a floor area of no less than 2,200 fil. The applicant now owns the adjacent property to the north and wishes to amend the Planned Unit Development to allow standards on the northern perimeter lots that are consistent with the -remainder of the Planned Unit Development, specifically allowing rear yard setbacks of 20' and Floor Area minimum 's of 1,700 ft2 . Requirements for the lots alone, the eastern perimeter are not proposed to be changed. , Z:� The subject property is located in the NV/2 of Section 17 immediately east of Sawgrass Park at Bailey Ranch subdivision, The property is generally described as located in the southeast comer of N. Garnett Rd. and E. 106th St, N. A general area map is attached for your review. EXISTING LAND USE North: Undeveloped South: Single -Family Residential East: Large Lot Residential , West: Single -Family Residential PRESENT ZONING OPUD — 124VRS-3 (Plan -tied Unit Development Bailey Ranch Estates/Residential Single - Family District) SURROMNDING ZONING The property located to the south and east are incorporated into Planned Unit Development OPUD — 12-A. Sherrill Acres is located to the east and is zoned RE (Residential Estates District) while the property to the north is undeveloped and zoned AG (Agricultural District). DEVELOPMENT PROCESS The first step in the development of a piece of property in Owasso is atmexation. 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. 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 bse. 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 g that a developer may choose to seek is a Planned Unit Development, or PUD. '�'Phen 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. The third step in the development of a piece of property in Owasso is 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 brough t to light at the preliminary plat stage and must be remedied prior to development. ZD After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and dra-;,vings 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 1;vidths, easernenis, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TA'C' and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the Couirty Clerk and governs all futuree development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits 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. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Z� 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. The PUD review process is initiated when a property owner submits an application for a Planned Unit Development. First, an application for a PUD is filed with the Planning Commission. The application is accompanied by a fee in accordance with the established fee schedule. Such fee does not include advertising and sign costs that are billed to the applicant. Upon receipt of all appropriate materials the staff initiates the review process that begins with a thorough analysis of the proposal. The primary consideration is the proposals C� compliance with the Owasso Zoning Code, specifically Chapter 8. The PUD is then presented to the Owasso Technical Advisory Committee when utility providers and staff are able to review and provide input on the proposals details. The Technical Advisory Committee along with city staff rnalws a recommendation to the Owasso Planning Commission. The Owasso Planning Commission reviews the PUD proposal to determine if the proposal r� is compliant with the Owasso Zoning Code and forwards a recommendation to the Owasso City Council. The Planning Commission may make a recommendation to approve the proposal with conditions. If so, the conditions must be met before the application is forwarded to Council unless the applicant disputes a condition, thell the council will make the final determination. 'I'lie City Council will eitherapprove, approve with conditions, or deny the application. PUD REQUI PRF NME NTS Included with this packet is a copy of OPUD-12-A. Specific to this request, found oil. page 7 in the Development Standards table are the requirements for 2,200 ft-' 'Floor Area Minimums' on the north and east perimeter lots as well as a provision to require that the north and east perimeter lots have a rear yard setback of at least 50'. ZONINGLAL, QIfs EMEN-f S The subject property is zoned OPUD — 12-A/RS-3 (Planned Unit Development/Residential Single-Farnily District). According to the City of Owasso Zoning Code, a subdivision proposing single-family homesites such as that proposed in the Sawgrass Park 11 addition falls within Use Unit 6 (Single -Family Dwelling) and is permitted by right in the RS-3 V zoning district. The proposal, if approved, would meet all other requirements as set forth in. OPUD — 12-A and the City of Owasso Zoning Code. I WEVI M1W1 The two additional development standards of OPUD 12®A (50' setback and 2,200 fe floor area minimum) were imposed on proposed northern and eastern perimeter lots of the subject property. They were enacted to protect the rural character and preserve property values on those adjacent properties. The additional standards resulted from agreements reached between the developer (Owasso Land Trust) and adjacent property owners. The applicants of the request (principals of Owasso Land Trust) now own 30 acres of property located immediately north and adjacent to the Planned Unit Development area. This 30 acre tract was one of the parcels for which the additional standards were enacted to protect. The southern boundary of the nevily acquired 30 acres borders the entire northern boundary of the portion of OPUD — 12-A that has yet to develop. The applicant has submitted a preliminary plat for this part of the PUD in the name of Savvgrass Park 11. As the applicant is now the owner of both properties and intends to develop both with single farnily residential development there is no logical reason to impose the additional development standards for the northern perimeter lots of the OPUD 12-A area. The request will modify the standards of these northern perimeter lots so that they match those of the remainder of the development. In an effort to keep OPUD — 12-A consistent, there is one additional requirement imposed on perimeter lots to the north that should be considered for amendment. The PUD calls for northern perimeter lots to average 70' in width. Again, this standard was enacted to protect properties to the north. As that protection is no longer necessary staff would recommend that this requirement be amended as well to the 65' standard imposed on interior lots. While there is no standard for building sizes in the City of Owasso, the recommended standards of a 20' rear building setback line and a 65' lot width are consistent with the Owasso Zoning Code requirements for the property's underlying zoning district of RS-3. if this request is approved the lots abutting properties to the east will still require a 509 fear yard setback, lot width's with an average of 70', and structures with a minimum floor area of 2,200 ft'. additionally this amendment will have no affect on the northern perinieter lots in the Saw ass Park addition located along the eastern portion of the northern perimeter as all of those lots have been developed to the existing PUD standards. If this item is approved by the Planning Commission, City Council action is required. RECOMMENDATION Staff recommends approval of the request to amend the development standards of OPUD- 12-A (Bailey Ranch Estates) with one additional amendment to allow for the follo-wing development standards on the northern perimeter lots of Sw/varass Park 11: tD Minimum Rear Yard: 20 ft. Minimum Floor Areao 1,700 ft' Minimum Lot Frontage: 65 ft. ATTACHMENTS 1. General Aiea Map 2. Letter of request for amendment 3. Preliminary Plat for Sawgrass Park 11 4. OPUD — 12-A Outline Development Plan m Sub'aect i "roperty 0 NN 1010 In �. -01.) ��/��/��N�H|NV ��NT[��U�i \/- ��r`l�-�_ / /`/ `` v�_/ / v vv�-`� / .".�_/ ` ' ��/�`'�^' '�'���~ M|, DuuneCuthbe[tson Ci+" Pianm�r City of Owasso Owasso, OK 74055 Re: 0PUD 00-12 A Savvg[ass Park Dear Mr. Cuthbertson: This Letter dl8K serve as our formal request to seek minor amendment towhat has become known as the SavvQ[ass PUD (OPUD 00'12-)� We respectfully request that the fottoving two stipulations contained iD that PUD`s text be deleted because the rationales for their original inclusion no longer exist. U\ The previous recommendation ofa 50 foot setback line along the north boundary should be removed. (Z) The previous recommendation of 2200 square foot minimum for houses on the north boundary should beremoved. ' The original property owners to the north requested these stipulations. Since then' we have purchased their property; therefore, the reason for the original recommendation no longer exists. In addition, the removal of these requirements would keep the second phase of Savvgrass consistent with our plan ofdevelopment for our recently acquired land to the north' Upon the granting of this [niDo[ anoendrneDt, at[ tots along the northern boundary wi[i be consistent with the remainder of the interior tots in the addition, which tots contain a ZO foot rear yard setback and o 1700sq. ft. minimum size for the residen[e. Please note, however, that the above stipulations shalt remain in full force and effect along the eastern boundary of the PUD that abuts the Larger tots contained in Sherrill Acres. Thank you for your time and consideration inthis matter. |fyou have any questions o[ comments, pieaseca[[ Sincerely, By Pete Kourtis cc: Bic Wiles w' Ron Cates, Esq. Plat No PRELIMINARY PLAT g¢ VV STATE . OPT-411f1YA 95 �. I um o= nnsn j ' Lin 'nboa� m tan�gci, m.4 a�If---'awgrass Pak 11 o�y tarty N. �rv9'e b not n y dlm IOL wlnvmot av PMZHE HRT»d Y++bm County t'mr3at Bailey Ranch lkyul} AN ADDITION TO THE CITY OF OWASSO, BEING A SUBDIVISION OF A PART OF THE W12 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA Unplalled 'PaiNa}Beginning' t d OWNER / DEVELOPER W Bailey Ranch Investment Group. LLC 12150 Er 96tli Sunxi Nunl,S— 200 916 2}2 —2 ENGINEER / Si JRVFYOR —®a— Tulsa Engineetmg & Plan n nq Associates. Inc 6231 So,�i851i,lw lui�a O�brvonn n}rt 19 iV0 916 2529621 TIJlsA CULTN 11' it-liL O Sretton 17 98 Lots - 26 1481 Arres da 1M, 5lt SCALE IN FEET OI - too FEET ❑1 li,lil(! NMI 11 BAILEY RANCH ESTATES PLANNED UNIT DEVELOPMENT AMENDMENT (Ref, 409) 0. L. T. Development, LLC P.O. Box 240 Owasso, OK 74055 (918) 272-5333 011 ROVESS ea DEN 0 13 5 9 6 ea.@ May 25,2000 Rev. July 25,2000 R. August 4, 2 00 0 TABLE OF CONTENTS D E"WELOPIT\�NT CONCEPT MASTER PLAN LEGAL DESCRIPTION STATISTICAL SUMMARY DEVELOPMENT STANDARDS PROPERTY OWNER'S ASSOCIATION SOUNDING ZONING LOT DESIGN 2 3 4 5 7 8 9 10 I I Development Concept Bailey Ranch Estates Planned Unit Development Amendment is comprised of 793? acres in Owasso. The property is located on the East side ofolld Hwy 169 one quarter mile north of 96"" Street N. A PUID was previously approved on this tract, by the City of Owasso. Bailey Ranch Estates PUD Amendment is a low density single family community having comrnon open space and a private park system. Bailey Ranch Estates PUD Amendment consists of 278 home sites that will blend, both architecturally and stylistically, with the surrounding area. The subdivision is characterized by gently to moderately rolling terrain with some mature trees. The subdivision is bordered by a rural subdivision on the East and large agricultural tracts along the North and South boundaries of the subdivision. Consequently, the subdivision will enjoy the permanent visual effect of a remote, secluded area. The subdivision will have one entrance from Garnen (Old Hwy 169). One existing entrance will have a 70 foot right of way to accommodate a landscaped center median and decorative entry walls. The new entrance will have approximately 50 foot right of way. U-) =GINI= MLU rMaWXXELWG. rxc. OK O-k lids znl, a-M-01 2565 M. AS11NO. 01 74a7TH E AVE j2U OV 915-272-760r 409 OPEN PACE PRO VD)ED Typ ical of (8585 sq. ft.) Building Coverage 1900 sq. ft. Driveway 500 sq4 ft. Landscaped Yard 6185 sq. ft. Total 8585 sq. ft. AGGREGATE SUBDMSION OPEN SPACE 278 lots x 6685 sq. R. = 1,858,430 sq, ft. Common Open Space (Park) 6.90 ac x 43560 = 300,564 sq. ft. rj.ffl��� I Development Standards: sirigle Earnleydetached AIPOVelarys 278 6.90 acres gross * North and East perimeter lots will average 70' in width. ** North and East perimeter lots will have a rear yard setback of 50'. A property owner's association will be established at Bailey Ranch Estates to maintain the private park and other resmirce areas. These are are to be attractively landscaped with playground equipment installed by the developer and conveyed to the property owner's association. for maintenance. Final documents of the Bailey Ranch Estates Property Owner's Association will be, filed prior to the conveyance of new lots and will. include the maintenance agreement and other specific rights and requirements for association members, 8 m £... ,.. e,y aC. MPREHG TULSAITULSA COUNTY 20NING CLASSdFICATMS 2NGME2 MR MQNZZMGINC. off CA 1703 LW, 8-3Lj-oj 8066 N. 11-ITH S. AvK. i2o, OWASSO. OK 7tot� KNGINEn DIE XNCINFMNG, INC. ax ".A 1-103 &ILPI 6-3u-ol s555 N. IlTru X. AVE pd-A CITY OF OWASSO COMMUNITY DEVELOPIMENT DEPARTMFNT FINAL PLAT (Freston Lakes 111) STAFFREPORIT BACKGROUND The City of Owasso has received a request from Tres on Lakes Developm-eni Group, -d"ff Y� -r- I'll I akes III "Imal a, o-P 14-7 Car c Prestan lu IL 1.1"It III LIA.- ,,or the review and accep, Icc of residential lots, in six (6) blocks on approximately 47.48 acres. The application was originally presented to the Owasso Planning Commission in June, 2004 but was tabled to allow the applicant time to resolve flood plain issues along the southern perimeter. Since that time the applicant submitted and received approval on an alternative version of Preston Lakes III that included significantly fewer lots (66). The resubmission essentially eliminated lots along the southern perimeter that were affected by the flood plain. The altered version has not been filed with the Rogers County Clerk. The applicant has now resolved the flood plain issues along the southern boundary of the original version of Preston Lakes III and wishes to reinstate the request to approve the original version of the Preston Lakes III final plat. HEARING DATE � The property is generally located cast of existing Preston Lakes 11, on the west side of N. 16.'t EAve. 4/10 mile south of E. 96h St. N. A general area map that further depicts the subject property's location is attached. EXISTING LAND USE Undeveloped North. Paradise Valley large lot residential South: Centennial park East: Centennial park West: Preston Lakes 11 and AUspering Pines large lot residential 0 PRE SENT ZONING The subject property is currently zoned residential under the provisions of OPUD 15. SURROUNDING ZONING North: RS-25 (Large Lot residential) Rogers County South: OPUD 15 - Preston Lakes PTJD calling for park uses East: OPtJD'15-PrestoiiLakes PUD(fesideticial) TV -01, CSj: OPT M-calli- F-r-aflcus-es 1 9 10 P ZONING HISTORY August, 1998. The City of Owasso reviewed and approved a PUD (Planned Unit Development) for the Preston Lakes area including the subject property. The PUD outlines the subject property as single fan -Lily residential development. Aril, 2003- The Owasso Planning Commission approved a preliminary plat for Preston Lakes 111. The conditions of that approval are listed below: 1. Addressing will be provided prior to the final plat submittal. 2. An addition to the covenants stating, "All single family residential structures shall front to the street with the greatest building setback", is required. 3. Question whether Lot(s) 28 & 29, Block I and Lot 24, Block 3 can accommodate residential structures. Please provide copies of house plans that can be accommodated on these lots. 4. Please provide an access point along N. 161" E. Ave. 5. Hydrant locations must be coordinated with the City of Owasso Fire Department. The conditions of the Preliminary Plat should be addressed during the Final Plat stage. The first step in the development of a piece of property in Owasso is 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. 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. The third step in the development of a piece of property in Owasso is 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 axe often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Phaming 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. Another form of property division that can be considered in some cases is a lot split. Lot splits 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. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. 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. The Final Plat review process is initiated when a property owner submits an application to the City of Owasso requesting the review and acceptance of a subdivision of land. The application shall be accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot on one block the applicant may forego the Preliminary plat review, in such case the applicant will be responsible for submitting a certified abutting property owners report at the final plat stage so that staff may notifying abutting property owners. Upon receipt of a complete application city staff will begin reviewing the proposal for 4=1 compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed final plat will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility provider-, and city staff are afforded the opportunity to con-Lrnent on the technical aspects of the development proposal, The TAC will forward a recommendation to the Planning Commission. The 0'vrasso APlanning Commission will hold a Public, hearing to detectminle if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The plat ing Commission will forward a recomniendation to the City Council. The Owasso City Council will then determine if the final plat meets city specifications and approve, deny, or approve the final plat with conditions. If the City Council approves the Final Plat the applicant will then produce copies of the approved Final Plat for signatures from the appropriate officials and file it with the county clerk's office. The applicant will provide the city with three signed and recorded plats along with an 8 V2X I I copy and an electronic copy for records, The current owner/developer of the subject property and the previously developed Preston Lakes additions plans to develop the area with residential uses similar to Preston Lakes 11. Preston Lakes III represents a continuation of the residential segment of the proposed PUD plan for the area. The plan calls for Preston Lakes III to provide a connection for development west in Preston Lakes 1/11 to N. 16 1 " E. Avenue in the east. Several reserve areas have been included in the platted area and will be reviewed as to their adequateness at providing detention for the property. Before any building permits may be issued, all details related to water and wastewater improvements must be reviewed and approved by the Owasso Public Works Department. The subject property lies within the Elm Creek Sanitary Sewer Relief Area and will subject to all applicable payback fees. The proposal for single family homes on the Preston Lakes III final plat is consistent with the Owasso 2010 Land Use Master Plan and is compatible with the most recent zoning 10 decisions rendered by the Owasso City Council and Planning Commission for the area. The Preston Lakes III final plat proposes 147 lots on six (6) blocks and is subject to all requirements set forth in the Owasso Zoning Code and Subdivision Regulations, C) including livability space, which is the area of a given lot less areas dedicated to easements and/or building setbacks. As there exist a large GRDA easement located within the development area, the 20 lots abutting this easement will be scrutinized to provide the minimum amount of livability space for housing development. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including, but not limited to, paved streets and sidewalks. The proposed development will require no significant expansion of utilities or infrastructure. Residential sewer service will be provided by the City of Owasso, while water service will be provided by the rural water district #3 of Rog0ers, County. If the request is approved, City Council acceptance will be required. TECHNICAL ADVISURY COMNUTTEE The Owasso Technical Advisory Committee reviewed the Preston Lakes III Final Plat at its regular meeting on May 26, 2004. At that meeting, utility providers and city staff were afforded the opportunity to comment on the technical aspects of the development proposal. The following comments were provided: RE COMMENDATION Staff recommends approval of the Preston Lakes III final plat contingent on the success execution of the Technical Advisory Committee conditions. ATTACHMENTS 1, General Area Map 2. Final Plat Application 3, Preston Lakes III Final Plat Owasso Community Development Department I I I N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com Al CITY OF OWASSO P.D. BOX 180 OWASSO, OKLA-HON4A 74055 (918) 272-225 f FAX (918) 272-4997 FINAL PLAT APPLICATION PROPOSED SUBDIVISION NA.'VIE GENER-U LEGAL DESCRIPTION OF TRACT — DEVELOPER I-Lo-t-, f - —IN-0 < (-1 P, U-LENGINEE R/ARCH1T E CT ADDRESS ---------------------- -- r -1- U,j 'L4- Q 91C ADDRESS 74 0- PHONE 21?:-- � FAX PHONE2J, 0 0 FAX_ TRACT Present Zonina Present Use I Proposed Z LNFIOMNLALTION oning Proposed Use PLAT Total Acres Number of Lots Average Lot Size IM"OttALIMON 4-1. 46 Ae ( A -1 0,2-- '4 WATER SUPPLY El City Main Ej Rogers Co. RWD3 L-] Washington Co. 1RWD3 E] Other SAAITARY SEWER 0 City Sewer 11 Septic 0 Disposal Plant STREE, T SURFAMC 0 Portland Cement Concrete El Asphaltic Concrete EJ Traffic -bound Surface Coln -se Please submit the completed application form and application fee (SI 00 plus 5.50 per lot over 100 lots), along with the completed Final Plat Checklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. All Final Plats are scheduled for review by the Technical Advisory Committee 13 days prior to the Planning Commission meeting at which the Final Plat will be reviewed. The applicant and/or the applicant's consultant should attend both the Technical Advisory Committee and Planning Commission meetings at which the Final Plat will be reviewed. I (We), the undersigned developer, do submit that this subdivision has had preliminary plat approval and that all conditions of said preliminary plat approval h� 7yebeen met or listed below as conditions protested. DEVELOPERSIGNATUREI: DATE Conditions Prote TAC MEETING DATE OPC MEETING DATE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER I APPROVEDDENIED 2640,94' J, p ja 7. 49 REM E I E Final Plat VN- A Preston Lakes III 'j, A PART OF THE EAST HALF (E/2) OF SECTION 22 TOVNSHIP 21 NORM, RANGE 14 EAST AH AWTION TO THE CITY OF GWASSA RCS COMM OKLAHW p SURVEYOR: OWNER / DEVELOPER: ENGINEER A Benchmark Surveying & Preston Lakes Kellogg Engineering, Inc. Services, Inc. Land Development Group, LLC. 17 P.O. Box 1078 P.O. Box 240 6755 South 4080 Road Owcow, adahorno 74055 Oa=. OK 74055 Touilo, CWhoma 74080 17 Phone: (918) 274 M —9081 on. (918) 272-5338 Phonw. (918) 275-4080 v R 14 E 2- - EAST 961H STREET NORTH T 21 iE Q MNy N Curve l.f—.ti— it MTA DIE, ... .. .. . .. 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NEY TO lE pNOYM i0 [E nE c cwrm ME .a.x+D r«a0arq WSnnn , D`f T- PAASHA m10 aYIId VNOEA aY NAND AND SEAL OF C4FNE ME DAY P➢EI RM LA5 aOOVE CEIRMCATE OF FM& PLAT AWROVAL { AAEfEHT aR1EY MAT na- -1 WAS APPrtWFD 81 nE bAASSD aM ca1kLA 0H TH1- DAY CG DDo a8 nOS AfPROVAL. VLAD a TIE MOVE -AN n.1 ENDOn-m DY ida OTY 0- CERTIFICATE OF COUM iREASAUR !, QAAr1Y iPGSURTA Q ROLTA- TO AD V.LLCREH 4AYL- ON nE rfuLr DC9aPnmAW nEK ACfANPMIw1LP1A54 AW 6P0 AfA4 PLL aE AD vMdEN 1- HAVE DEEIr PAM TO PAm W0.W We 160P. OAiED.1 DAYM TW9 11-rnn I.akcs W October 22, 2008 -s e,z CITY OF OWASSO COTIVINTUNITY DEVELOPMENT DEFzkRTMENT FINAL PLAT (ALKE N) STAFF RE PORT BACKGRIQU?M The City of Owasso has received a request from Ken Robinson and Albert Kernp for the review of a -final plat proposing a one (1) lot, one (1) block subdivision containing 1.33 ) acres, more or less. According to the Owasso Subdivision Regulations plats contaiiiing only one (1) lot on one (1) block may proceed directly to the Final Plat review process and forego the preliminary review. The applicants are submitting the final plat in anticipation of developing the property in a commercial manner. HEARING DATE Planning Commission, November 8, 2004. The subject property is located in the northeast corner of E. 99"' St. N. and U.S. 169 Hwy Service Rd. An area map is attached for your review. 3� M North: Undeveloped East. Undeveloped West: U.S. Hwy 169 CG (Commercial General District) SURROUNDANG ZOINING North: CG (Commercial General District) South: CS (Commercial Shopping District) Ea&t-. AG (AgniculVaral District) — Tulsa County West: U.S. Hwy 169 ZONTNG HISTORY No recent relevant history. DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is 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. 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. The third step in the development of a piece of property in Owasso is platting. A prelimina plat is required for any development that proposes to divide land into two or more lo Preliminary plats illustrate the development concept for the property, and are often modifi 1� significantly after being reviewed by the Technical Advisory Committee (TAC), and t Owasso Planning Commission. Sometimes, difficult development issues such as existi utifity lines, wells, or mements are brought to light at the preliminary plat stage and must 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 typically 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, easernents, 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. 0 Another form of property division that can be considered in some cases is a lot split. Lot splits 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 sinaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. 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. 'IT NAL PLAT REVIEW PROCESS The Final Plat review process is initiated when a property owner submits in , application plication to the City of Owasso requesting the review and acceptance of a subdivision of land. The application shall be accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot on one block the applicant may forego the Preliminary plat review, in such case the applicant will be responsible for submitting a certified abutting property owners report at the final plat stage so that staff may notifying abutting property owners. Upon receipt of a complete application city staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed final plat will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting, utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC will forward a recommendation to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the final plat meets city specifications and approve, deny, or approve the final plat with conditions. If the City Council approves the Final Plat the applicant will then produce copies of the approved Final Plat for signatUres from the appropriate officials and file it with the county clerk's office. The applicant will provide the city with -three signed and recorded plats along with an 8 Y2X I I copy and an electronic copy for records. ANA-LYSIS A Final Plat is the final map or record of a subdivision and any accompanying material, as described in the Subdivision Regulations, base on a Preliminary Plat with revisions, if I any, to I be -submitted to the Planning Commission and City Council for approval, denial, or approval with conditions. Ken Robinson and Albert Kemp are requesting the review and approval of the Alken final plat so that they may eventually develop the property in a manner consistent with its commercial zoning designation. The developers own in all approximately 3.5 acres of property in that corner and have an interest in subdividing it so that they may sell the subject property, roughly 1.33 acres to a prospective business. The remainder of the total property located on the north side of the subject property will be platted at a later date. According to the proposal the property will consist of 1.33 acres and be provided ftontage along the U.S. Hwy 169 service road to the west and E. 99"' St. N. to the south. E. 99" St. N. is a minor street providing local access east to the First Baptist Church. In an effort to reduce the potential for future traffic congestion on the service road a Limit of No Access should be established along the property's entire western perimeter. Any development that occurs on the property will be subject to a site plan review and must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. The site will be provided with sewer and water service by the City of Owasso. Utility easements are established along the entire perimeter of the proposed plat. As with all properties, the developer will be responsible for providing adequate detention for any additional water run-off associated with the development of this property. Plans for the property's drainage and detention must be approved by the Public Works department. The applicant will be responsible for paying all fees associated with developing the property including the Storm Siren fee of $16 per acre, the Pleasant View Sanitary Sewer payback fee of $1,33 8.5 8 per acre, and a $ 1 00/tap fee payable to Rogers County Rural Water District 93. An additional note of interest, there exist a large billboard sign on the southwest comer of the property. Billboard's are illegal according to the Owasso Sign Code however because the sign was in existence before the adoption of the Owasso Sign Code it is a legal non- conforming sign and allowed on the property. TECHNICAL ADVISORY MNINTUTTEE The Final Plat was reviewed at the regularly scheduled Owasso Technical Advisory Committee on October 27, 2004. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The following conditions were provided: I . Commaty Development — Establish a Limit of No Access (LNA) line along the entire western boundary line, adjacent to U.S. Hwy 169; 2. Community Development ® Ensure that there is adequate ROW provided for the U.S, H,,vy 169 service road; 3. Community Development —lay the Storm Siren Fee of $16 per, acre before plat is filed; 4. Commu. pity Development — Pay the Pleasant View Sanitary Sewer Relief Area fee of $1,338.58 per acre before plat is filed; 5. Com, munity Development — Pay Rogers County Rural Water District #3 $ 100 per water tap established in the development. IUCOMMENDATION Staff recommends approval of the Alken Final Plat subject to the successful execution of the TAC conditions, ATTACHMENTS 1. General Area Map 2. Final Plat Application I Aiken Final Plat Up CITY OF 0 WISSO P.O. BOX 180 OWASSO, OKLAHO11AA 74055 (918) 272-2251 FAX (918) 272-4997 FINAL PLAT APPLICATION PROPOSED SUBDIVISION NAIME--Alken GENERAL LEGAL DESCRIPTION OF TRACT Part of NW/4 SW/4 Tulsa County, Oklahoma DEVELOPER Ken Robinson ADDRESS P.O. Box 3 wasso OK 74055 PHONE 913-274-9329 FAX ENGINEERIARCHITECT Kell a, E c1nee _R94qg9xAgiRt9dAJA9 ADDRESS 6755 S 4060 Road. Tqlala OK 7408%0 PHONE 918-2754080 MkCT Present Zoning Present Use Proposed Zoning Proposed Use INFORMATION I I I I Please submit the completed application forrn and application fee ($100 plus $.50 per lot over 100 lots), along with the completed Final Plat Checklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. All Final Plats are scheduled for review by the Technical Advisory Committee 13 days prior to the Planning Commission meeting at which the Final Plat will be reviewed. The applicant and/or the applicant's consultant should attend both the Technical Advisory Committee and Planning Commission meetings at which the Final Plat will be reviewed. I (We), the undersigned developer, do submit that this subdivision has had preliminary plat approval and that all conditions of said preliminary plat approval have been met or listed below as conditions protested. DEVELOPERSIGNATURE IT4 DATE Conditions Protested TAC MEETING DATE SUBMITTAL DATE FEE RECEIPT NUMBER OPC MEETING DATE ZONING DISTRICT APPROVED -DENIED, - SURVEYOR: — `-` Benchmark Surveying & = Land Services, Inc. .,, �I lY „� „io o�E �r ntYrG,nPfr •y ('1 Final flat ALKEN OWNER,OE_VELOPER_ -ENGINEER Ken Robinson and Alben Kemp Kellogg Engineering, Inc. OWNER'S CERTIFICATE CFR fIGIC \PFrOGSEURV NYA' xQ hF,vrY � a C �2N9�,e tar..: .W.. • � � , CERTIFICATE OF FINAL PLAT APPROVAL TO: THE HONORABLE MAYOR AND COUNCIL CITE' OF OWASSO FROM- ERIC WILE COMMUNITY DEVELOPMENT DIRE, CTOR SUBJEtCT. ORDWANCE 799, AN ORDINANCE AMENDING THE v FI,OOIJPLA[N ORDINANCE, BY ADDING STATUTORY AUTHORIZATION AND 11-INDMGS OF FACT DATF m November 1, 2004 The Oklahoma Water Resources Board (OWRB) conducted a Community Assistance Visit with Owasso in June of this year. The purpose of the visit was to monitorOwasso's performance related to the enforcement of the city's flood damage prevention ordinance. As part of the conduct of the visit, OWRB obtained a copy of Owasso's ordinance and later reviewed it to determine compliance with federal regulations. As a part of Owasso's participation in the National Flood Insurance Program, the city's floodplain regulations must comply with the guidelines set forth by the Federal Emergency Management Agency (FEMA). At the time of the community assistance visit, the staff believed that Owasso's ordinance was in compliance with the regulations. The staff gave OWRB a copy of the city's ordinance and a letter reporting this compliance. OWRB examined the ordinance and found that it was substantially in compliance but that it lacked references to the appropriate enabling legislation and findings of fact that provide the basis for Owasso's ordinance. The items that OWRB wants Owasso to include in its flood ordinance are "Statutory Authorization" and "Findings of Fact". Statutory Authorization refers to the Oklahoma enabling legislation that allows municipalities to regulate their floodplain. Oklahoma's specific statutes that speak to this authority are 82 O.S. §§1601-1618. Findings of Fact provide the basis upon which municipal ordinances can be created. The findings that OWRB request Owasso recognize are 1) that the floodplain is subject to periodic inundation that can cause the loss of life and property, and 2) that the potential loss of life and property is caused by development within the floodplain. The proposed ordinance 799 adds the requested references to Statutory Authorization and Findings of Fact to Owasso's flood damage prevention ordinance. It should be noted that the ordinance ,will not cause the staf s enforcement of the floodplain regulations to change in any way. RECOMMIENDA110N. The staff recommends council approval of Ordinance 799. ATTACHMENTS: 1. Ordinance 799 2. Owasso's Flood Damage Prevention Ordinance CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 799 AN ORDINANCE RELATING TO PART 12 PLANNING, ZONING AND DEVELOPMENT, CHAPTER 4 FLOOD DAMAGE PREVENTION, SECTION 401 PURPOSE, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO -WIT: Section One: That Part 12 — Planning, Zoning and Development, Section 12-401, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows, and the same being codified as set forth below, to -wit: SECTION 12--401 STATUTORY AUTHORIZATION, FINDINGS_ OF FACT, AND STATEMENT OF PURPOSE STATUTORY AUTHORIZATION The Legislature of the State of Oklahoma has in (statutes) 82 O.S. §§1601-1618, 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 Ioss of life and property, health and safety hazards, disruption of commerce and governmental set -vices, 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; S. 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 Two: The provisions of this ordinance shall become effective thirty (30) days from the date of first publication as provided by law. PASSED AND APPROVED this 166' day of November, 2004. CITY OF OWASSO, OKLAHOMA By: AT' fES`I`: Sherry Bishop, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney Susan Kimball, Mayor Section 12-401 Section 12-402 Section 12-403 Section 12L9404 Section 12-405 Section 12406 Section 12-407 Section 12-408 Section 12-409 Section 12-410 Section 12-411 Planning, Zoning and Development CHAPTER 4 FLOOD HAZARD REGULATIONS Purpose Definitions Scope of controls; use and conditions Areas of special flood hazard defined Building permits or zoning clearance permits Building inspector or, zoning officer action Standards for floodways Standards for areas of shallow flooding Variance procedures Exemptions Enforcement and penalties SECTION 12-401 PURPOSE This chapter is enacted for the purpose of: 1. Protecting the general health, safety, and welfare of the city from the hazards and dangers of flooding created by improper and unwise floodplain development; 20 Minimizing damage to public facilities and utilities; 3. Establishing development controls upon parties situated within defined areas of special flood hazard; 4® Promoting and maintaining a stable tax base by providing for the sound use and development of areas of special flood hazard in such a manner as to minimize future flood blight areas; 5® Defining those areas in the city which will be affected by this chapter, and 6. Insuring that potential buyers of property are notified that property is in a flood area® SECTION 12-402 DEFINITIONS For the purpose of this chapter, the following terms shall have the meanings respectively ascribed 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; 133 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, excava- tion or drilling operations; 4. "Flood or flooding" mans 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; 6a "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"; 7s "Mean sea level" means the average height of the sea for all states of the tide; Om "Mobile home" mans 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 utilitiesa It does not include recreational vehicles or travel trailers; and 9® "Structure" means a walled and roofed building that is principally above ground, as well as a mobile home® (Ord. No® 304, 6/2/31) SECTION 12-403 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 meta 1e All new construction and substantial improvements (including the placement of prefabricated buildings and mobile homes) shall: as 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 re- sistant to flood damage; and Ca 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; 134 3® All new and replacement sanitary sewage systems shall be de- signed 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; 5m All new construction and substantial improvements of residential structures shall have the lowest floor elevat- ed 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%) up- stream urbanization or development; %m Any altered or relocated water course shall maintain its original flood carrying capacity; 3m No manmade change to improved or unimproved property, in- cluding filling, grading, paving, or excavating shall be commenced until a building permit or zoning clearance permit has been obtained for each change; and 9m All mobile homes shall be anchored to resist flotation, col- lapse, 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 homes 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; ba 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® ee For new mobile home parks and subdivisions, for expan- sions 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 135 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 build- ing 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 founda- tions 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 12-404 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 the City of Owasso, Oklahoma, Tulsa County" dated January 2, 1981, 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 office of the city clerk of the city. B. It is the responsibility of the city council, through the office of the building inspector or zoning officer, 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® (Ord. No. 304, 6/2/81) SECTION 12-405 BUILDING PERMITS OR ZONING CLEARANCE PERMITS A request for the processing and issuance of a building permit or zoning clearance 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 building inspector or zoning officer, plans in duplicate, drawn to scale in black line or blueprint, showing: IN 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; L The exact location, size and height of any building or struc- ture to be erected or altered; 3m The existing and intended use of each building or structure or part thereof; 4m The number of families, dwellings, or housekeeping units the building is designed to accommodate; 5. When no buildings are involver, the location of the present use and proposed use to be made to the lot; 6. When the property lies within the areas 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 neighbor- ing 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 building inspector or zoning officer, together with such building permit or zoning clearance 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 construc- tion is started, Whenever a lot is not provided and is not proposed to be provided with public water supply or the disposal of sanitary wastes by means of public sewers, the application for building permit or zoning clearance 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. (Ord. No. 304, 6/2/81) SECTION 12-406 BUILDING INSPECTOR OR ZONING OFFICER ACTION The building inspector or zoning officer shall act upon all such applica- tions 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 per- mit 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 there- fore® 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 of 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, 137 20 Maintain a record of all lowest habitable floor elevations submitted to him; 3a In the absence of other Federal Emergency Management Agency base flood elevation data, consider other available data basis for determining lowest permitted floors; 4e Notify adjacent communities of all proposed water course alterations; 59 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. (Ord. No. 304, 6/2/81) SECTION 12-407 STANDARDS FOR FLOODWAYS Located within areas of special flood hazard established in Section 12-404 of this code are areas designated as floodwaysa 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 provi- sions shall apply: L Encroachments are prohibited, including fill, new constructs tion,.substantial improvements and other developments unless certification by a registered professional engineer or archi- tect is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; 2® If paragraph I hereof is satisfied, all new 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. (Ord. 304, 6/2/81) SECTION 12®408 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: to All new construction and substantial improvements of resi- dential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to 138 above the depth number specified on the flood boundary and floodway map; 2. All new construction and substantial improvements on non- residential structures shall: as 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 be 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 re- sisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3® 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. (Ord, No. 304, 6/2/81) SECTION 12-409 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. (Ord® No® 304, 6/2/81) SECTION 12-410 EXEMiPTIONS Provisions of this chapter shall not be applicable to: 1® Any building permit, zoning clearance permit, zoning special exception approval, zoning variance approval, site plan appro- val, 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 struc- tures or substantial improvements to structures, 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 circum- 139 stances where it 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. (Ord, No. 304, 6/2/81) SECTION 12-41.1 ENFORCEMENT AND PENALTIES Aw 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 fol- lowing 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 con- stituting 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. Co In addition to any fine, the city may institute appropriate actions or proceedings 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 af- firmatively acted as surety or guarantor for the grantee's performance as authorized by the special exception approval. (Ord® No® 304, 6/2/81) TO: THE HONORABLE MAYOR AND CITE' COUNCIL CITY OIL OWASSO FROM. DAN YANCEY CHIEF OF POLICE SUBJECT. REQUEST FOR SUPPLIEM NTAL APPROPRIATIONS AND ADIVIE'ND:MENT TO GENERAL REVENUES DATE: November 5, 2004 In June of 2004 the United States Department of Justice announced that it would be malting funds available to agencies and schools across the country to be utilized for school security. The Secure Our Schools grant program provides finding to municipalities to assist with the development of school safety resources. This funding will allow recipients the opportunity to establish and enhance a variety of school safety equipment and/or programs to encourage the continuation and enhancement of school safety efforts within their communities. hi an effort to improve security within our school system, the Police Department, in conjunction with the Owasso Public Schools, submitted an application for the "Secure Our Schools" grant in June 2004. Some of the areas that will be addressed include the installation of security cameras for the 81" grade center, as well as, the acquisition of metal detectors and telecommunications. In February of 2005, the department is expected to receive approval for one School Resource Officer position. The Secure Our Schools grant will assist in funding this position should the necessary approval be obtained. As a stipulation to this grant, a "cash" match is required of the City and Owasso Public Schools. Before the grant application was submitted a verbal agreement between the City staff and school administration outlined the cost associated with the grant and the responsibility of each entity concerning the matching finds. On September 22, 2004 the City received notification of application approval from the Department of Justice (DOJ) on the Secure Our Schools Grant. The award approved by the U.S. DOJ is $20,000.00. The police department's required match of $5700.00 and the public school match portion of $14,300.00, creates a total amount of $40,000 in available funds, of which $28,000.00 will fund the installation of the camera system in the 8`' grade center (currently grades 9-12 have similar systems), $11,400.00 for police telecommunications and $600.00 for handheld metal detectors. Memo November 5, 2004 Page 2 of 2 Partial funding for this request is derived from the Secure Our Schools Grant in the amount of $20,000.00 from the Department of Justice, Office of Community Policing. Funding for the city's portion ($5700.00) of the required match is available within the "Capital Outlay Machinery and Equipment" ]Inc item of the Police Department budget (01--201-54400), The remaining match of $14,300.00 for this project, paid by the school, will be paid directly to the vendor. This request is for the City Council to approve a supplemental appropriation in the amount of $20,000.00 to Machinery and Equipment line item of the Police Department budget (01-201-54400) for the purpose of authorizing expenditures of the grant funds as outlined in the Secure Our Schools Grant. The staff recommends Council approval of a supplemental appropriation to the General Fund, increasing revenues and expenditures of the Police Department by $ 20,000.00. 1. Notification from the Department of Justice 0.3.Department o[]usdcu ()�Cc/f�/�c Cwy'(n'l/e/' uc 'a// September 22, 20[)4 [)vvaSso Police Department 101 North Main Street Owasso, OK 74055-2923 Dear Colleague: Congratulations on your award from the Office of Justice Programs (DJP).You now have immediate access to your grant funds through the use of the Phone Activated Paper|ess Request System (PAPR5) which isactivated through the use ofa touch tone phone. Just pick up your telephone and dial 1-800-878-4513 to access the PAPRS system. The vendor nurnber, password, and all grant ID numbers are to be given only t0 authorized person(s) of your staff and not given to nubrenipionts. Your 0rgan|zation, as the grantee of record with(}JP, is sn|a|y responsible for the security of these access oodeo. The individual(s) you authorize to access your funds through P/\PRS will need to have access to all of these numbers, and must understand the need for security of them. Please be advised that any violation ofthe security of your password may result inthe termination of your grant(n) with OJP. If you have not already done so, please complete and return to us the enclosed Auto- mated Clearing House (ACH) Enrollment Form. You should complete the Payee/Company section of the form, and have your bank complete the Financial Institution Section. Through the combined use ofP/\PIRSand /\CH, approved dravvdovvns will be deposited directly into your financial institution account. For your internal audit purposes, we suggest that you maintain a record of dravvd0vvnn made through PAPRS. A o8nnp|o vvorksheetisalso enclosed. If you experience any problems obtaining funds, or if you have questions concerning any financial aspect o[your award, please contact the Office of the CornphnUnr's Customer Service Center at 1-80()-458'()780 or askoc@ojp.usdoj'.gov. Sinoere|y, OC Customer Service Enclosures TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ANA Co STAGG9 P.E. PUBLIC WORKS DIRECTOR SUBJECT. ENGINEERING DESIGN CRITERIA, CONSTRUCTION STANDARDS AND STANDARD DETAILS DATE- October 19, 2004 BACKGROUND In an effort to promote understanding and facilitate acceptance of the new City of Owasso Engineering Design. Criteria, Construction Standards and Standard Details (hereafter referred to as Standards) by the community, staff has recommcnded (October 19, 2004 Council memorandum) that implementation of the new Standards be achieved in three phases: (1) Presentation to City Council at work session: A work session will be conducted with members of the City Council to present the document and discuss "sensitive" areas. (2) Solicitation of input from Developers and Engineers: A series of workshops will be held with the engineering and development community to solicit input. The Standards will be modified accordingly to reflect those suggestions benefiting the community. (3) Acceptance by Council: The document will be brought to council for acceptance under an ordinance. Once Standards are adopted by ordinance, any future modifications would have to be adopted by an amendatory ordinance to have the force and effect of law. I Activity I Oct-04 I Nov-04 I Dec-04 I Jan-05 I Feb-05 I Internal Review Council Workshop Developer and Engineers Input Document Modification Acceptance by Council The proposed timetable for the implementation and acceptance of the Standards extended from October 2004 to February 2005. On October 19, 2004, draft copies of the City of Owasso Standards were delivered to the City Council for review and comment in preparation for a special City Council work session. Additional copies of the draft documents are available at Public Works. Engineering Design Criteria, Construction Standards and Standard Details Page 2 of 2 REVIEW OF OWASSO STANDARDS - The City of Owasso Standards cstablish general guidelines to aid in the design and construction. of water, sanitary sewer, streets and stormwatcr system infrastructure. Although design engineers and construction professionals would remain responsible for proper design and construction, these documents mandate the standardization of duality in the design and construction of public infrastruct?wltln City of Owasso. For ease of reference and use, the Standards are subdivided in three sections as follows: En ineerin r Design Criteria (Sections 0110 to 0600): Details desifzn standards for seater, sewer, streets and drainage infrastructure. It also specifics Public Works Department procedures, design review and approval processes for design plans and submittals. Construction Standards (Sections 1100 to 3200): Establishes minimum acceptable standards for construction of water, sewer, streets and storm system infrastructure. These sections also detail inspection procedures and fees and penalties to be collected based on development costs. Standard Details (citydetails): Includes a graphical representation of construction details to serve as a basis of design for water, sewer, streets and storin systems. It is anticipated that such details would be included or referred to in design drawings, thus standardizing design and facilitating city review. Staff will facilitate a discussion of each of the critical issues included in the new Standards during the work sessions. FUNDING SOURCE: Funding for this project is not necessary. Electronic copies of the document will be available on the City of Owasso webpage. Additionally, bound documents may be sold at Public Works for $40 per copy. COMMENDATION: Staff recommends scheduling of the following meetings for the review of the Engineering Design Criteria, Construction Standards and Standard Details. 1. Special Council Work Session (November 23, 2004) 2. Developers & Engineers Workshop (November 22, 2004 and December 6, 2004) TO: HONORABLE MAYOR AND CITE' COUNCIL, CITY OF OWASSO FRONT- SHERRY BISHOP FINANCE DIRECTOR SUBJECT- PURCHASES AND CASH DISBURSEMENTS ORDINANCE DATE- November 12, 2004 The Purchase Order Act (62 O.S., 5.31.0.1- 310.9) is one of the many state statutes that regulate budgeting, purchasing and spending for municipalities. Municipalities are required to follow the provisions of the Act when acquiring goods and services unless otherwise provided by ordinance. The Act specifies each step of the process from submitting a purchase order through the final approval by the governing board. As an alternative to the provisions of the Act, the City Council has the authority to adopt a municipal ordinance providing methods and ensuring adequate internal control over purchases and cash disbursements. The Purchase Order Act has been updated several times over the years, but the Act was designed around a manual, hand-written ledger system and some provisions arc cumbersome. Our audit finn, Crawford & Associates, has written a "model" purchasing and cash disbursements ordinance. The "model" ordinance incorporates the provisions of the state statute with optional language for the points most frequently modified by city ordinances. Some of the language provided in the model ordinance is not an actual change but clarifies areas where the requirements in the state statutes are vague or unclear. Some normal accounting procedures are included in the ordinance. The ordinance makes it clear that certain procedures have been legally authorized. Other procedures currently in practice would become requirements under this ordinance. Staff has reviewed the state statutes and the "model' ordinance as well as our current practices. Based on that review, staff believes that our purchasing and payment process could be more efficient and more cost effective with some modifications by a city ordinance. Incorporating the requirements of state statutes into our city ordinance provides a clear concise reference for purchasing requirements. When a purchase is needed, a requisition is submitted to the finance department; a purchase order is issued and encumbered against the appropriation; the finance director certifies the encumbrance; the city manager approves the purchase; and the purchase order is returned to the department originating the requisition. The department makes their purchase and submits the signed invoice and purchase order to the finance department for payment processing. The payment is itemized o_1 the claims list for approval by the governing body, and then checks arc issued to the vendors. All payments except payroll and related taxes and insurances follow this procedure. PROPOSED CHANGES The three major changes arc proposed Allow department directors to authorize purchases up to $5,000 without a purchase order or encumbrance. ® Allow payments of principal and interest on long-tcrm debt without further approval by the governing body. ® Allow payments of transfers between fiends that have been appropriated by the governing body without further approval by the governing body. ENCUMBRANCES THE PURCHASE ORDER ACT requires that a purchase order be certified before every purchase commitment is made. The certification verifies that budgeted fiends are available and that an encumbrance against the appropriation has been recorded. This provision in state statutes is intended to prevent overspending a budget. With a computerized accounting system, current budget data is readily available lessening the need for encumbrances of routine purchases. PROPOSED LANGUAGE would specify a dollar amount at which an approved purchase order would be required prior to the purchase commitment. Purchases under that amount could be authorized by the department director without additional approval or budget encumbrance. Staff proposes the department director authority be set at $5,000. Purchases over $5,000 would require an approved purchase order and an encumbrance against the appropriation prior to the purchase. Purchases over $25,000 would still require prior governing body approval. This change would make our process more efficient and reduce the processing time to pay vendors. Payments for purchases would still be approved by the governing body on the claims list. DEBT SERVICE PAYMENTS THE PURCHASE ORDER ACT requires the governing body approval of all payments. The monthly payments for revenue bonds or notes are included on the claims list for approval by the governing body. PROPOSED LANGUAGE would authorize the City Treasurer to pay principal and interest on bonds or notes or payments on a lease purchase obligation as specified in the documents approved by the governing body. This authority makes the process more efficient and would eliminate the risk of a late payment because of the timing of council meeting dates. INTERFUND TRANSFERS THE PURCHASE ORDER ACT requires the governing body approval of all payments. Interfund transfers are considered a payment and require governing body approval. PROPOSED LANGUAGE would authorize the City Treasurer to pay interfund transfers as appropriated by the governing body. The City of Owasso routinely has two types of interfund transfers. One type is a transfer of revenue. An example is the sales tax pledged to pay the revenue bonds issued by the OPWA. Each month the sales tax is transferred from the general fund to the OPWA sales tax fund. At the end of the month, two -cents of sales tax is transferred from the OPWA sales tax fund back to the general fund. The other type of interfund transfer is to fund operations of one fiend from another fund. An example in this FY budget is a transfer from the general fund to the OPGA fund. Interfimd transfers are itemized in the annual budget and approved by the City Council or the Authority Trustees. These types of transfer payments could be authorized by the City Treasurer. OTHER R JRREMENTS- PAYROLL DISBURSEMENTS Requirements of the Payroll Purchase Order Act arc not clear and interpretation varies from city to city. This ordinance would clarify the procedure and reporting rcquirements. It would not change Owasso's current procedures. The payroll report would continue to be provided to the governing body after payroll has been paid. COMPETITIVE BIDDING The ordinance does not change any bidding requirements, but refers to the state statutes that shall be met. PETTY CASH The ordinance does not change Owasso's current use of petty cash as allowed under state statutes. The ordinance does provide specific authorization by the city council for that practice and restricts the total amount allowed. The City and OPWA and OPGA currently have a combined total of $7,500 in imprest petty cash accounts. Staff is proposing that the maximum be set at $9,000. FINANCIAL REPORTING This ordinance would require monthly financial reporting to the City Council. Monthly reports currently provided to the Council would become a legal requirement and be on the agenda for acknowledgement. PUBLIC TRUSTS The City and the trust authorities (OPWA and OPGA) operate under different state statutes. The ordinance specifies that the requirements of this ordinance apply to the public trusts as well as the City. The attached draft ordinance is not the ordinance that would be recommended for approval. The attached ordinance contains the wording that would be used and combined with Owasso's existing purchasing ordinances. None of the requirements of Owasso's existing purchasing ordinances would be changed or eliminated. Draft Ordinance DRAFT ORDINANCE AN ORDINANCE AMENDING SECTION(S) OF CIIE OWASSO CITE' CODE, 199_, PROVIDING FORPROCESSING METHODS AND INTERNAL CONTROLS OVER MUNICIPAL PURCHASES AND CASH DISBURSEMENTS. BE IT ORDAINED BY THE COUNCIL O3+ 'I HE CITY OF OWASSO, OKLAPIONIA. Section(s) of the Section Payroll Disbursements SECTION 1 City Code, 199_, are hereby amended to read as follows: (a) For all employees and officers of the City, a documented record shall be maintained in a personnel file of the authorized rate of pay or salary for each employee or officer. (b) For each pay period, a documented record of time worked and leave taken shall be prepared, in the form of time sheets, cards or logs, for each employee and officer to be paid. For employees exempt from the overtime provisions of the Fair Labor Standards Act, the record may exclude time worked. Such record of time worked and leave taken shall be verified as to its accuracy in writing by the employee or officer, supervisor or department director if applicable. (c) Upon verification of the work record, a payroll statement or register, including the amount of gross pay, authorized deductions, and net pay, shall be prepared and submitted to the City Manager or designee for review and written approval. (d) Upon approval of the payroll statement or register, the net payroll checks shall be prepared along with checks for payment of related payroll taxes and other payroll benefits, required by law or contract. (e) The checks shall be presented to the City Treasurer along with the approved payroll statement or register. The Treasurer shall compare the checks to the payroll statement or register and verify their accuracy. Upon verification, the Treasurer shall sign the checks and prepare them for distribution. In addition, the Treasurer shall prepare or caused to be prepared a check register. (0 No payroll related encumbrances are required to be recorded in the budgetary accounting records as long as the payroll costs are recorded as expenditures at the time they become due and payable. However, no payroll costs may be incurred or paid if they exceed the available appropriation for the accounts to be charged at the legal level of control. (g) The City Treasurer shall record or cause to be recorded in the appropriate journals and ledgers the payroll costs incurred and/or paid for the pay period. (h) A copy of the payroll statement, register or payroll check register shall be provided to the governing body for informational purposes; however, governing body approval is not required prior to the payment of payroll related costs if incurred and paid in accordance with the provisions above. Section : Competitive Bidding (a) The City shall adhere to the provisions of Oklahoma Statutes (1991), Title 61, Sections 101 et seq. when determining when competitive bidding is required and the manner in which competitive bids will be obtained. (b) If the City Charter provides for additional competitive bidding requirements, such additional requirements shall be met. (c) In addition to the requirements of (a) above, public trusts created pursuant to O.S. Title 60, Section 176, of which the City is beneficiary, shall also follow the competitive bidding provisions of Section 176(g) of Title 60. Section _: Purchases of Goods, ,Services and Capital (a) The City designates department directors as purchasing officers empowered to purchase or contract against budget appropriation accounts. (b) For all purchases of goods, services or capital (all purchases or disbursements other than payroll and debt service related) over $5,000, requisition forms, purchase orders or contracts shall be prepared and approved, in writing, by a designated purchasing officer prior to the time the purchase commitment is made. (c) For all purchases or contracts for goods, services or capital over $25,000, governing body approval shall be obtained prior to the time the commitment is made, and such approval shall be recorded in the minutes of the governing body. (d) For all purchases of goods, services or capital over $5,000 the approved requisition, purchase order or contract shall be forwarded to an officer or employee charged with keeping the appropriation and expenditure records (encumbering clerk) who shall determine that there exists available unencumbered appropriation in the accounts to be charged. Upon such determination, the encumbering clerk shall attest to that fact in writing. If appropriation is not available for the proposed purchase or commitment, the purchase or commitment shall not proceed until budget amendments are authorized to provide sufficient appropriation. Upon approval of the purchasing officer and encumbering clerk, an encumbrance shall be recorded in the appropriation and expenditure records in the amount or estimated amount of the commitment. These encumbering requirements shall not apply to the following type of purchases or commitments: Payroll and Personal Services Utility and Telephone Services (Governed by State Corporation Commission) Insurance (Governed by contract) Debt Service (e) After satisfactory delivery of the merchandise or completion of contract provisions, an invoice or claim form shall be obtained adequately documenting request for payment. The officer or employee receiving satisfactory delivery of merchandise or contract service shall acknowledge such fact by signing the invoice, clairn form, delivery ticket or receiving advice. The invoice or claims form, along with the written acknowledgment of receipt, shall be forwarded to the officer or employee responsible for processing accounts payable who shalt review the invoice for accuracy and propriety, including comparison to the authorized requisition, purchase order or contract, if applicable. Upon completion of the accounts payable officer review, an invoice or claims listing shall be submitted to the governing body for approval during the next regular or special meeting. (f) Upon approval of the invoices or claims for payment, checks or other payment documents as authorized by State law (1 1 O.S., Section 17-102) shall be prepared and submitted to the City Treasurer, along with a copy of the approved invoice or claims listing. The Treasurer shall compare the checks or other payment documents to the invoice or claims listing and verify their accuracy. Upon verification, the Treasurer shall sign the checks or other documents and prepare them for distribution. In addition, the Treasurer shall prepare or caused to be prepared a check register. (g) The City Treasurer shall record or cause to be recorded in the appropriate journals and ledgers the purchases and cash disbursements incurred and paid. Section : Debt Service (a) All long-term indebtedness, in the form of bonds, notes or lease purchase obligations, shall only be incurred in the manner provided by law. (b) Once lawfully incurred, payments of principal and interest on the bonds or notes and payments on the lease purchase obligations shall be paid in accordance with the terms as specified in the bond indenture, note agreement or lease Purchase contract by the City Treasurer without further approval of the governing body. (c) The manner of payment shall be consistent with the manner used for the payment of purchases of goods, services or capital as described in Section (f) above. (d) The City Treasurer shall record or cause to be recorded in the appropriate journals and ledgers the debt service payments and maintain current records of the remaining amount of indebtedness. Section : Interfund Transfers (a) All transfers of resources between funds (both operating and residual equity transfers) shall only be made in accordance with governing body appropriations. Such appropriations shall be contained in the original or amended budget of the municipality. (b) Once lawfully appropriated, interfund transfer payments may be made by the City Treasurer without further governing body approval. Such transfers, however, may not exceed the amount lawfully appropriated. (c) The manner of payment shall be consistent with the manner used for the payment of purchases of goods, services and capital as described in Section (f) above. (d) The City Treasurer shall record or cause to be recorded in the appropriate journals and ledgers these interfund transfers. Section _: Petty Cash (a) As provided for in I 1 O.S., Section 17-102(D) of the Oklahoma State Statutes, the municipality may have petty cash accounts for use in making certain small payments for costs incurred in operating the municipality. (b) Each petty cash account established shall require governing body approval, including the amount of the petty cash imprest balance. However, in no case, should the imprest balance exceed $9,000. (c) The petty cash accounts shall be reimbursed by utilizing property itemized invoices or petty cash voucher slips and by then processing the reimbursement in the manner used for payment of purchases of goods, services and capital as described in Section Section __: Financial Reporting (a) The City'preasurer shall prepare a monthly budget status report. The report shall be placed on the Agenda for governing body acknowledgment at the first meeting following the close of the previous month. Section : Applicability to Public Trusts (a) For all public trusts created pursuant to 60 O.S., Sections 176-180, for which the City is beneficiary and for which the trust's governing body (Trustees) are comprised entirely of members of the City's governing body, the above noted requirements of Section through Section shall apply. (b) For the purposes of the public trusts, as used above, the terms governing body shall mean board of trustees of the trust, City Manager shall mean Trust Manager as appointed by the trustees, City Treasurer shall mean Trust Treasurer as appointed by the trustees or required by the trust indenture.