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HomeMy WebLinkAbout2003.12.09_Worksession Agenda 4. Discussion relating to the purchase of a new vehicle for the Police Department. Mr. Yancey Attachment #4 3. Discussion relating to Planning Items Mr. Cuthbertson Attachment #3 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)(l). Mayor Cochran Attachment #2 1. Call to Order Mayor Cochran AGENDA c 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, December 5, 2003. Special December 9, 2003 6:00 p.m. Owasso Community Center 30l S. Cedar TYPE OF MEETING: DATE: TIME: PLACE: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL J I '.;\gl'JllbS',COllIICil \Vor~ Sl'ssion\ J 20903,dl)C 8. Adjournment 7. City Manager Items Mr. Ray A. Council Vacancy Ward 5 B. Legislative Consortium update C. November Building Pem1it Report I I 11 II I' I I Financial Reports and Financing Issues. Ms. Bishop 6. i I Ii [I II 'I II I. II ~ I ;1 5. Discussion relating to the purchase of Centennial Park. Mr. Rooney Attachment Owasso City Council December 9,2003 Page 2 Upon annexation, the owner would be required to include this small sliver of property in its entirety in any platting for the Garrett Creek Commercial Center and it would be The developer would like to bring the subject property up to code according to the City of Owasso so as to include it as a part of the Garrett Creek Commercial Center. This process includes annexation, zoning and platting. ANALYSIS The Paragon Development Group recently purchased a small triangular piece of property from the Oklahoma Depmiment of Transportation equating to 0.77 acres. This small sliver of property is attached to the Garrett Creek Commercial Center currently being developed by the Paragon Development Group. SURROUNDING ZONING North: AG (Agricultural District) - Tulsa County South: CS - OPUD 02-02 (Commercial Shopping District) East: U.S. Highway l69 West: CS - OPUD 02-02 (Commercial Shopping District) PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING LAND USE NOlih: Vacant South: " West: " East: " " " " .EXISTING LA~j) USE Vacant LOCATION The property is located in the southwest comer of East 116th Street North and U.S. Highway 169. The City of Owasso has received a request from Paragon applicant/owner, for the annexation of approximately 0.77 acres, more or less. This small parcel of property was purchased by the applicant/owner from the Oklahoma Department of Transportation recently and is attached to the Garrett Creek Center Commercial PUD property. OA 03-10 (GARRETT CREEK ATTACHJ\rIENT) STAFF REPORT CITY OF OWASSO COMMUNITY DEVELOPIVlENT DEPARTMENT ATTACHMENTS 1. General Area Map 2. Annexation request letter 3. Copy of Legal Notice 4. Annexation Policy 5. November 24,2003 Annexation Committee Minutes RECOMMENDATION Staff recommends approval of the request by Paragon Development Group to annex OA 03-10 (0.77 acres) property into the corporate limits ofthe City of Ow as so. ANNEXA TION COMMITTEE The Owasso Annexation Committee reviewed the request on November 24, 2003 and recommended approval with no negative concerns. Staff published legal notice of the annexation petition in the November 13, 2003 edition of the Owasso Reporter and mailed notices to property owners within a 300' radius of the site. Staff has received no phone calls or correspondence in opposition ofthe request. All properties should be contiguous to existing City limits #3 All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). #4 All public infrastmctures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. #5 Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. #6 Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. A copy of the Annexation Policy is attached for your information and review. While the subject property is not larger than 20 acres as preferred by Annexation Policy #1 the subject property (0.77 acres) is essentially a small strip, attached to Gan"ett Creek Commercial Center property within the city limits. The annexation of said property will allow it to be a part of the commercial center and initiate a process that will eventually allow it to be developed in a viable productive manner, along with the commercial center, that is consistent and compatible with the surrounding area. The subject property meets the remaining requirements within the policy: subject to all the development guidelines as required by the Owasso Zoning Code and/or the Owasso Subdivision Regulations. ~... Sincerely, Paragon Development Group request the attatdled parcial of land to be annexed into the city of Owasso. This is a sliver attatched to the Garrett Creek Center Commercial PUD fronting 116th st. n. The owner of the property is Garrtett Creek Development LLC. Dear Eric RE: Garrett Creek Annexation 111 n. October 24, 2003 401 West 2nd Avenue OK Office 918376.9100 Fax 918.376.0006 PARAGON DE\'ELOP~1ENT GROLl' p City of Owasso Community Development Department For more information on the proposed rezoning contact the Owasso Community Development Department, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1500. Dated at Owasso, Oklahoma, this 10th day of November, 2003. To be considered is an annexation of approximately 0.77 acres, more or less generally located in the area of the southwest corner E. 116tl1 St. N. and U.S. Highway 169. All persons interested in this matter may be present at the heanng and present their objections to or arguments for any or all of the above matters. SAID TRACT CONTAINS 0.77 ACRES MORE OR LESS. BEGINNING AT A POINT ON THE PERMANENT WEST RIGHT- OF-WAY LINE OF U.S. HIGHWAY NO. 169, A DISTANCE OF 319.81 FEET WEST OF AND 257.08 FEET SOUTH OF THE NORTHEAST CORNER OF SAID NW/4; THENCE N 1015'26" W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 100.00 FEET; THENCE S 88044'34" W ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 225.00 FEET; THENCE N 88023'41" W ALONG SAID RIGHT-Of-WAY LINE A DISTANCE OF 500.62 FEET; THENCE S 81028'29" E A DISTANCE OF 735.70 FEET TO THE POINT OF BEGINNING. A STRIP, PIECE OR PARCEL OF LAND, LYING IN THE NORTHWEST QUARTER (NW/4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE LB. & M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8th day of December, 2003. At that time and place, consideration will be given to the petitioned annexation of the following described property: () NOTICE TO THE PUBLIC OF A HEARlNG ON A PROPOSED ANNEXATION TO THE CITY OF O'WASSO, OKLAHOMA Adopted by City Council on March 1, 1988. 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non- conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistence and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. The following annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. ANNEXATI N City of Owasso Community Development Department III North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (918) 376-1543 Fax: (918) 376..1597 I~i;~~::;~'~~~~\ / 4'i~'-.~/' 1~ o'C:''', \'; <. {;I f' \ '- ri~~' ..;!\ \, ,,* \ ')\;,.' ~.iI.':~ )'*:1 \ I \, "'~"'''J ( 1" '\ \ \\~~~ \//,1 t \\ \"'"""7 j" '\2'::~~~~~~,,/ 5. ADJOURNMENT - Mr. Cataduella moved, seconded by Mr. Hayes, for ac!joumment. The motion carried 7-0. The meeting was ac!joumed at 5: 15 PM. 4. ANNEXATION REQUEST - OA 03-11 - A request for the annexation of 0.94 acres attached to the Coffee Creek development located in the southeast comer of East 106th Street North and U.S. Highway 169. Mr. Cuthbertson presented the annexation item. Mr. Cuthbertson stated as in the previous item that the small parcel if approved would be required to be incorporated into the development scheme of Coffee Creek. Mr. Cataduella motioned to approve the annexation request. Mr. Brown seconded the motion. The motion carried 7-0. 3. ANNEXATION REQUEST OA 03-10 - A request for the annexation of 0.77 acres attached to the Garrett Creek Commercial property located in the southwest comer of E. 1 16th Street North and U.S. Highway 169. Duane Cuthbertson presented the annexation request. Mr. Cuthbelison stated that this property would be required to be incorporated into the Garrett Creek Commercial development concept upon zoning and platting. M1". Hayes motioned to approve the annexation request. Mr. Cates seconded the motion. The motion canied 7-0. ANNEXATION REVIEW 2. APPROV At OF MINUTES FROM OCTOBER 29, 2003 MEETING - Mr. Brown moved , seconded by Hayes, to accept the minutes as presented. The motion carried 7-0. 1. CALL TO ORDER - Mr. Cuthbertson called the meeting to order at 5:00 PM. The meeting agenda was posted in Owasso City Hall, 111 N Main, at 12:00 PM on November 24, 2003. Duane Cuthbertson Dan Salts I\tIEMBERS Craig Thoendel Dale Prevett Tim Rooney Bill Roach Lonny Fisher Steve Cataduella Dewey Bwwn Brent Colgan Ken Fisher Rickey Hayes Eric Wiles Robert Carr MINUTES OF SPECIAL MEETING Monday, November 24,2003 5:00 PM Owasso City Hall Main Conference Room 111 N Main Street, Owasso, Oklahoma O'W ASSO ANNEXATION COMMITTEE Upon annexation, the owner would be required to zone and develop the property in a manner that is consistent with the Coffee Creek Development Concept as outlined in the adopted OPUD - 18 and compatible with current development trends in the area. Any The developer would like to bring the subject property up to code according to the City of Owasso so as to include it as a part ofthe Coffee Creek Development Concept as outlined by the Coffee Creek Planned Unit Development (OPUD - 18) concept. This process includes annexation, zoning and platting. ANAL YSIS The Owasso Land Trust recently purchased these small pieces of property equating to 0.94 acres. This small triangular property is attached to the Coffee Creek Office/Commercial Center currently being proposed for the surrounding property. SURROUNDING ZONING North: U.S. Highway 169 South: CO - Coffee Creek OPUD 18 (Commercial General Shopping District) East: OM/CS - Coffee Creek OPUD 18 (Office Medium/Commercial Shopping District) West: U.S. Highway 169 PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING LAND USE North: Vacant South: " " West: U.S. Highway 169 East:" " EXISTING LAND USE Vacant LOCATION The property is located in the northeast corner of East l03rd Street North and U.S. Highway 169 service road about ~ mile south of East 106th East Avenue. BACKGROUND The City of Owasso has received a request from the Owasso Land applicant/owner, for the annexation of approximately 0.94 acres, more or less. These two small parcels of property were purchased recently by the applicant/owner and are attached to the Coffee Creek Office/Commercial PUD property (OPUD 18). OA 03-11 (COFFEE CREEK ATTACHMENT) STAFF REPORT CITY OF O\VASSO COMMUNITY DEVELOPMENT DEP ARTlVIENT ATTACHMENTS 1. General Area Map 2. Annexation request letter 3. Copy of Legal Notice 4. Annexation Policy 5. November 24, 2003 Annexation Committee Minutes 6. OPUD 18 Development outline RECOMMENDATION Staff recommends approval of the request by the Owasso Land Tmst to annex OA 03-11 (0.94 acres) property into the corporate limits of the City of Ow as so. ANNEXATION COMMITTEE The Owasso Annexation Committee reviewed the request on November 24, 2003 and recommended approval with no negative concerns. Staff published legal notice of the annexation petition in the November 13, 2003 edition of the Owasso RepOlier and mailed notices to property owners within a 300' radius of the site. Staff has received no phone calls or couespondence in opposition ofthe request. #2 All properties should be contiguous to existing City limits #3 All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). #4 All public infrastmctures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City CounciL #5 Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. #6 Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City CounciL A copy of the Annexation Policy is attached for your information and review. While the subject property is not larger than 20 acres as prefelTed by Annexation Policy #1 the subject propeliy (0.94 acres) is essentially a small triangle, attached to Coffee Creek PUD property within the city limits. The annexation of said propeli)' will initiate a process that will allow it to be a part of the commercial center proposed by the OPUD #18 and be developed in a viable productive manner, with the commercial center, that is consistent and compatible with the sUlTounding area. The subject property meets the remaining requirements within the policy: Any development on the property would be served sewer by the City of Owasso. The property lies within the Washington County Rural Water District #3. development on the subject property would also be subject to the development guidelines as required by the Owasso Zoning Code and/or the Owasso Subdivision Regulations. SAID TRACT CONTAINS 0.12 ACRES MORE OR LESS. BEGINNING AT THE NORTHEAST CORNER OF SAID SE/4 OF NW/4; THENCE S 1018'30" E ALONG THE EAST LINE OF SAID SE/4 OF NW 14 A DISTANCE OF 25.00 FEET; THENCE S 88041 '42" W A DISTANCE OF 218.26 FEET TO A POINT ON THE EASTERLY RIGHT-OF- WAY OF U.S HIGHWAY 169; THENCE ALONG A CURVE TO THE RIGHT ALONG SAID RIGHT-OF-WAY WITH A RADIUS OF 2241.83 FEET A DISTANCE OF 28.08 FEET TO A POINT WITH A CHORD N 25046'29" E A DISTANCE OF 28.08 FEET, SAID POINT BEING ON THE NORTH LINE OF SAID SE/4 OF NW I 4; THENCE N 88041'42" E ALONG SAID NORTH LINE A DISTANCE OF 205.48 FEET TO THE POINT OF BEGINNING. A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW 14) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT B AND The the Southeast the Northeast Quarter the Northwest Quarter (SE/4 SE/4 NE/4 NW /4) of Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, LESS AND EXCEPT, a strip, piece or parcel of land lying in part of the SE/4 SE/4 NE/4 NW /4 of said Section Sixteen (16), Township Twenty-one (21) North, Range Fourteen (14) East, Tulsa County, Oklahoma, said parcel of land being described by metes and bounds as follows: BEGINNING at the Northeast Corner of said SE/4 SE/4 NE/4 NW 14; THENCE West along the North line of said SE/4 SE/4 NE/4 NW/4 a distance of 306.04 feet to a point, 25.00 feet East of the West line of said SE/4 SE/4 NE/4 NW I 4; THENCE South on a line parallel to and 25.00 feet East of said West line a distance of 330,36 feet to a point on the South line of said SE/4 SE/4 NE/4 NW I 4; THENCE East along said South line a distance of 100,56 feet; THENCE Northeasterly on a curve to the right having a radius of 2,241.83 feet a distance of 227.84 feet; THENCE N 32043'22" E a distance of 161.40 feet to the POINT OF BEGINNING; SAID TRACT CONTAINS .82 ACRES MORE OR LESS. IRACTA The undersigned, constituting not less than three-fourths of the registered voters and being the owner of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION 299\RODEN My Commission Expires: .J1r2t(l&r~M~~, Notary Pu etic This instrument was acknowledged before me on the th day of November, 2003, by David E. Charney, as manager of Owasso Land Trust, LL ,an Oklahoma limited liability company. ) ) ss ) STATE OF OKLAHOMA COUNTY OF ~copt 5 By_ ~~~~Ch~,~_ David Charney, Manager J-- ,) OWASSO LAND TRUST, L C Dated this 7th day of November, 2003. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. BEGINNING AT THE NORTHEAST CORNER OF SAID SE/4 OF NW/4; THENCE S 1018'30" E ALONG THE EAST LINE OF SAID A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE LB. & M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT B AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (SE/4 SE/4 NE/4 NW/4) OF SECTION SIXTEEN (16), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS AND EXCEPT, A STRIP, PIECE OR PARCEL OF LAND LYING IN PART OF THE SE/4 SE/4 NE/4 NW/4 OF SAID SECTION SIXTEEN (16), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST, TULSA COUNTY, OKLAHOMA, SAID PARCEL OF LAND BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SE/4 SE/4 NE/4 NW/4; THENCE WEST ALONG THE NORTH LINE OF SAID SE/4 SE/4 NE/4 NW/4 A DISTANCE OF 306.04 FEET TO A POINT, 25.00 FEET EAST OF THE WEST LINE OF SAID SE/4 SE/4 NE/4 NW/4; THENCE SOUTH ON A LINE PARALLEL TO AND 25.00 FEET EAST OF SAID WEST LINE A DISTANCE OF 330.36 FEET TO A POINT ON THE SOUTH LINE OF SAID SE/4 SE/4 NE/4 NW/4; THENCE EAST ALONG SAID SOUTH LINE A DISTANCE OF 100.56 FEET; THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT HAVING A RADIUS OF 2,241.83 FEET A DISTANCE OF 227.84 FEET; THENCE N 32043'22" E A DISTANCE OF 161.40 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS .82 ACRES MORE OR LESS TRACT A Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8lh day of December, 2003. At that time and place, consideration will be given to the petitioned annexation of the following described property: 03-.11 NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF O\VASSO, OKLAHOMA City of Owasso Community Development Department For more information on the proposed rezoning contact the Owasso Community Development Department, City Hall, III N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376~ 1500. Dated at Owasso, Oklahoma, this 10th day of November, 2003. To be considered is an annexation of approximately 0.94 acres, more or less generally located in the area of the northeast comer E. 103th St. N. and U.S. Highway 169. 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. SE/4 OF NW/4 A DISTANCE 25.00 fEET; THENCE S 8804t '42" W A DISTANCE Of 218.26 fEET TO A POINT ON THE EASTERLY RIGHT-Of-WAY Of U.S. HIGHWAY 169; THENCE ALONG A CURVE TO THE RIGHT ALONG SAID RIGHT-Of-WAY WITH A RADIUS Of 2241.83 FEET A DISTANCE OF 28.08 FEET TO A POINT WITH A CHORD N 25046"29" E A DISTANCE OF 28.08 FEET, SAID POINT BEING ON THE NORTH LINE OF SAID SE/4 OF NW/4; THENCE N 88041 '42" E ALONG SAID NORTH LINE A DISTANCE OF 205.48 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.12 ACRES MORE OR LESS. Adopted by City Council on March 1, 1988. 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non- conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right-of-way. This policy will establish consistence and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. The following annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. ANN City of O'wasso Community Development Department 11 I North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (918) 376-1543 Fax: (918) 376-1597 ~:;i~~~~~:~i?;~o:\ (."'/ '~:~l; '1~ ('?:/ Y '\ ,i P \:1 /.--{~ --1 \ ') \.i. r*,~',J d~. ilk: ....r \. ~!"1',~\:.)j" \~~/ 5. ADJOURNMENT - Mr. Cataduella moved, seconded by Mr. Hayes, for adjoumment. The motion carried 7-0. The meeting was adjoumed at 5: 15 PM. 4. ANNEXATION REQUEST - OA 03-11 - A request for the annexation of 0.94 acres attached to the Coffee Creek development located in the southeast comer of East 106tl1 Street North and US. Highway 169. lVIr. Cuthbertson presented the annexation item. Mr. CuthbeItson stated as in the previous item that the small parcel if approved would be required to be incorporated into the development scheme of Coftee Creek. Mr. Cataduella motioned to approve the annexation request. Mr. Brown seconded the motion. The motion carried 7-0. 3. ANNEXATION REQUEST OA 03-10 - A request for the annexation of 0.77 acres attached to ~he Garrett Creek Commercial property located in the southwest corner of E. 116t11 Street North and U.S. Highway 169. Duane Cuthbertson presented the annexation request. Mr. Cuthbertson stated that this property would be required to be incorporated into the Garrett Creek Commercial development concept upon zoning and platting. Mr. Hayes motioned to approve the annexation request. Mr. Cates seconded the motion. The motion carried 7-0. ANNEXATION REVIEW 2. APPROV Ai OF MINUTES FROM OCTOBER 29, 2003 MEETING - Mr. Brown moved , seconded by Hayes, to accept the minutes as presented. The motion carried 7-0. 1. CALL TO ORDER - Mr. Cuthbertson called the meeting to order at 5 :00 PM. The meeting agenda was posted in Owasso City Hall, 111 N Main, at 12:00 PM on November 24, 2003. STAFF Duane Cuthbertson Dan Salts MEMBERS ABSENT Craig Thoendel Dale Prevett Tim Rooney Bill Roach Lonny Fisher Steve Cataduella Dewey BrovVfl Brent Colgan Ken Fisher Rickey Hayes Eric Wiles Robert Carr MThfUTES OF SPECIAL MEETING Monday, November 24,20035:00 PM Owasso City I-fall Main Conference Room III N Main Street, Owasso, Oklahoma O\V ASSO A;\I;\fEXA. TION COMMITTEE 5. ADJOURNMENT - Mr. Cataduella moved, seconded by Mr. Hayes, for adjoumment. The motion carried 7-0. The meeting was adjourned at 5:15 PM. 4. ANNEXATION REQUEST - OA 03-11 - A request for the annexation of 0.94 acres attached to the Coffee Creek development located in the southeast comer of East 106th Street North and U.S. Highway 169. Mr. Cuthbertson presented the annexation item. Mr. Cuthbertson stated as in the previous item that the small parcel if approved would be required to be incorporated into the development scheme of CoHee Creek. Mr. Cataduella motioned to approve the annexation request. Mr. Brown seconded the motion. The motion carried 7-0. 3. ANNEXATION REQUEST OA 03-10 - A request for the annexation of 0.77 acres attached to the Garrett Creek Commercial property located in the southwest corner of E. 116th Street North and U.S. Highway 169. Duane Cuthbertson presented the annexation request. Mr. Cuthbertson stated that this property would be required to be incorporated into the Garrett Creek Commercial development concept upon zoning and platting. Mr. Hayes motioned to approve the annexation request. Mr. Cates seconded the motion. The motion carried 7-0. ANNEXATION REVIEW 2. APPROVAL OF MINUTES FROM OCTOBER 29, 2003 MEETING - Mr. Brown moved, seconded by Hayes, to accept the minutes as presented. The motion carried 7-0. ORDER - Mr. Cuthbelison called the meeting to order at 5:00 PM. CALL 1. The meeting agenda was posted in Owasso City Hall, 111 N Main, at 12:00 PM on November 24, 2003. Duane Cuthbertson Dan Salts Craig Thoendel Dale Prevett Tim Rooney Bill Roach Lonny Fisher Steve Cataduella Dewey Brovvn Brent Colgan Ken Fisher Rickey Hayes Eric Wiles Robert CalT MINUTES OF SPECIAL MEETING Monday, November 24,20035:00 PM Owasso City Hall Main Conference Room III N Main Street, Owasso, Oklahoma O\V ASSO ANNEXA TrON COMMITTEE 5. ADJOURNMENT - Mr. Cataduella moved, seconded by Mr. Hayes, for adjoumment. The motion carried 7-0. The meeting was adjoumed at 5: 15 PM. 4. ANNEXATION REQUEST - OA 03-11 - A request for the annexation of 0.94 acres attached to the Coffee Creek development located in the southeast comer of East 106th Street North and U.S. Highway 169. Mr. Cuthbertson presented the annexation item. Mr. Cuthbertson stated as in the previous item that the small parcel if approved would be required to be incorporated into the development scheme of Coffee Creek. Mr. Cataduella motioned to approve the annexation request. Mr. Brown seconded the motion. The motion catTied 7-0. 3. ANNEXATION REQUEST OA 03-10 - A request for the annexation of 0.77 acres attached to the Gan'ett Creek Commercial property located in the southwest comer of E. 116lh Street North and U.S. Highway 169. Duane Cuthbertson presented the annexation request. Mr. Cuthbertson stated that this property would be required to be incorporated into the Gan'ett Creek Commercial development concept upon zoning and platting. Mr. Hayes motioned to approve the annexation request. Mr. Cates seconded the motion. The motion catTied 7-0. ANNEXATION REVIEW 2. APPROVAL OF MINUTES FROM OCTOBER 29, 2003 MEETING - Mr. Brown moved, seconded by Hayes, to accept the minutes as presented. The motion can'ied 7-0. ORDER - Mr. Cuthbelison called the meeting to order at 5:00 PM. CALL 1. The meeting agenda was posted in Owasso City Hall, 111 N Main, at 12:00 PM on November 24, 2003. STAFF PRESENT Duane Cuthbertson Dan Salts MEJVIBERS Craig Thoendel Dale Prevett Tim Rooney Bill Roach Lonny Fisher Steve Cataduella Dewey Brown Brent Colgan Ken Fisher Rickey Hayes Eric Wiles Robert Can' MINUTES OF SPECIAL MEETING Monday, November 24,2003 5:00 PM Owasso City Hall Main Conference Room III N Main Street, Owasso, Oklahoma O\V ASSO ANNEXA. TION COMMITTEE ANALYSIS In the past month the applicant requested and received approval to have the property annexed into the City of Owasso. This was the first step in bringing the property up to standards for development to begin. The applicant is now seeking approval of the next step in that process which is to rezone the property to RS-3 (Residential Single-Family District). SURROUNDING ZONING North: RS-3 (Residential Single-Family District) South: RS-3 (Residential Single-Family District) - Tulsa County East: RS-3 (Residential Single-Family District) West:" " " " PRESENT ZONING AG (Agricultural District) SURROUNDING LAND USE NOlih: Vacant South: Residential West: Residential East: Residential EXISTING LAND USE Vacant LOCATION The property is located in the northwest corner of losth E. Avenue and E. 98th Place North, to the north of the Kelley Ann addition. RS-3 (RESIDENTIAL SINGLE FAMILY DISTRICT) PROPOSED ZONING: AG (AGRICULTURAL DISTRICT) EXISTING ZONING: The City of Owasso has received a request for approval from Kellog Engineering, Inc., applicant, to rezone approximately 1.71 acres in the City of Owasso. The applicant proposes to rezone the property from its current designation of AO (Agricultural District) to RS-3 (Residential Single-Family District). The owner desires to develop single family homes on the property. The subject site was annexed into the city in November of this year. OZ 03-13 (RANDlE L YN) STAFF CITY OF OvV ASSO COlVIlVIUNITY DEVELOPMENT DEP ARTIVIENT ATTACHMENTS 1. 0203-13 Application 2. General Area Map 3. Copy of Legal Notice RECOMMENDATION Staff recommends approval of 03~13 to rezone the Randie Lyn property from its current designation AG (Agricultural District) to RS-3 (Residential Single-Family District). Staff published legal notice of the rezoning request in the November 13, 2003 edition of the Owasso Reporter and mailed notices to property owners within a 300' radius of the site. Staff has received no phone calls or correspondence in opposition ofthe request. Prior to any action relative to this rezoning request, a rezoning sign was posted on the property and property owners within 300' were notified as was the case with the annexation request last month. 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. A standard road (98th Street North) already exists on the southern property line of the site and will provide access to and from. Residential sewer and water service will be provided by the City of Owasso. An RS-3 designation for the subj ect property is consistent with the Owasso 2010 Land Use Master Plan as it calls for Residential Development on and near the subject site. The subject propeliy is adjacent to a PUD (OPUD 16) that calls for residential development in the area. The proposed use of the propeliy and that which is allowed with the RS-3 designation is compatible with the development trends in the area as single family homes exist or have been proposed for all land surrounding the site. OPC MEETING DATE APPROVED DENIED SUBMITTAL DATE FEE RECEIPT NUMBER '~'--,._'---,----_.--. f T') iF1"(lN':""\ '1-'\ TFi'''-'j' i r""'",..,f .....!,.'..!.~ ,,,.--....JJ I Itn'l A 'JOU"'] J p, U It - 0: '-- " l'BY:._... _._____._.___ -'-.~.,=_""<C.""'J...~~~."'__............. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 20 + acres 200 Please submit the completed application form and application fee along with a Certified 300t 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. DATE October 31. 2003 I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN SUBMITTED IS COMPLETE, TRUE AND ACCURATE 4080 Address or General Location of Subject Property NE 4. SW 4, Section 18. T-21-N, R Name of person to be billed for publication ~ineering, Inc Mailing Address 6755 S. 4060 Rd. Talala. OK 74080 of Record Owner Battle Creek Land Development, Inc. As applicant, what is your interest in this property? DPresent Owner lK]Agent for Owner DPurchaser DOther DAttomey for Owner Tulsa County LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Residential Subdivision GENERALLOCATION~_.iL, SW 4,- Section 18.T-21~N, R~14-E, Tulsa County PRESENT PRESENT PROPOSED ZONING~_ PROPOSED USE ,~~: 74055 (918) 272-2251 FAX (918) 272-4997 CITYOFOWASSO I OZ- ,'):s.., I l. I City of Owasso Community Development Department For more information on the proposed rezoning contact the Owasso Community Development Department, City Hall, III N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1500. Dated at Owasso, Oklahoma, this lOt" day of November, 2003. To be considered is an annexation of approximately 0.94 acres, more or less generally located in the area of the northwest corner E. 98th PI. N. and N. 1051h E. Ave. 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. SAID TRACT CONTAINS 1.71 ACRES MORE OR LESS. COMMENCING FROM SOUTHEAST CORNER OF SAID SW/4 OF SECTION 18; THENCE N 1-04'43" W ALONG THE EAST LINE OF SAID SW/4 A DISTANCE OF 1592.62 FEET; THENCE S 88-54'35" W A DISTANCE OF 168.64 FEET TO THE POINT OF BEGINNING; THENCE ALONG A CURVE TO THE RIGHT WITH RADIUS OF 25.00 FEET A DISTANCE OF 39.27 FEET TO A POINT WITH A CHORD S 43-54'35" W A DISTANCE OF 35.36 FEET; THENCE S 88- 54'35" W A DISTANCE OF 400.75 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET A DISTANCE OF 33.21 FEET TO A POINT WITH A CHORD N 53-02'24" W A DISTANCE OF 30.82 FEET; THENCE N 14- 59'23"W A DISTANCE OF 6.19 FEET; THENCE N 88-54'35" E A DISTANCE OF 451.50 FEET TO THE POINT OF BEGINNING. A TRACT OF LAND THAT IS PART OF THE NORTHEAST QUARTER (ne/4) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE LB. & M., TULSA COUNTY, OKLHAOMA, MORE PARTICULARY DESCRlBED AS FOLLOWS: Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8th day of December, 2003. At that time and place, consideration will be given to the petitioned annexation of the following described property: 03-13 NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF O\V ASSO, OKLAHOMA CONCEPT OF A PUD The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. The supplemental zoning district PUD must be approved by the City Council as a prerequisite to the Planned Unit Development. SURROUNDING ZONING As previously stated, the propelty is part of a greater development plan that was established with the adoption of two (2) PUD's in 2000 and 2001. Robinson Business Park and Interchange Business Park PUD's establish a Commercial and Industrial zoning pattern for the property to the North, South and West. The property to the East is (AG - Tulsa County) AgriculturaL PRESENT ZONING The subject property is currently a part oftwo (2) PUD's (Robinson Business Park and Interchange Business Park) both outline zoning for the propelty as Industrial and/or Commercial. SURROUNDING LAND USE N orth: Vacant/Rural Residential South: Vacant East: Vacant/Rural Residential (Tulsa County) West: Vacant EXISTIN G LAND USE Vacant LOCA TION The subject propelty is located on the west side of North 145th East Avenue in between East 116th Street North (Highway 20) and East 106th Street North. The City of Owasso has received a request from Owasso Land Trust, applicant/owner, for the review and rezoning of approximately .62 acres. The applicant proposes to rezone the property as a Planned Unit Development (PUD). The proposed OPUD 03-01 will generally follow the standards found under the RS-3 zoning designation so as to guide the development of single-family homes. OPUD 03~Ol (CHELSEA PARK) STAFF REPORT CITY OF OvV ASSO COlVIMUNITY DEVELOPlVIENT DEPARTMENT HARlVIONY WITH THE EXISTING AND EXPECTED DEVELOPMENT The Highway 20 (East ll6tl1 Street North)/U.S. Highway 169 corridor has been identified as a future major activity node in the City of Owasso. Again, the Chelsea Park PUD proposes a residential component which is part of a development concept for the area that would include commercial and multi-family. Similar commercial/residential development is presently being constructed or proposed for the southwest corner of the (H wy 20/US H wy 169) intersection. More specifically, the change in overall development concept from a commerciallindustrial mix to a commercial/residential mix directly supports a key goal of the Master Plan. It states that the City of Owasso should protect tracts of land for high quality commercial sites. Traditionally residential uses, more than industrial, combine with commercial uses to produce a higher quality development. COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of commercial and residential. As previously stated it is the desire of the applicants/owners to develop the area as commercial and residential. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment ofthe development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features ofthe particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. The subject PUD (Chelsea Park) application is part of a significant change of direction in the overall development scheme for the area. the market has evolved the property owners feel it is more appropriate and marketable to develop the area with residential and commercial components as opposed to the commercial and industrial mix that the property is cun-ently planned and zoned for and was previously desired. Staff concurs that a commercial/residential mix would be more consistent with the development pattern taking hold in north Owasso and this change in direction is more compatible with the Owasso 2010 Land Use Master Plan. AN AL YSIS OPUD 03-01 (Chelsea Park) is a proposed planned unit development (PUD) comprised of 25.62 acres. The development concept behind the Chelsea Park PUD is residential. The applicant/owners of the property intend only to develop single family residential homes on the subject site. 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. Detailed covenants and restrictions incorporating all conditions of the PUD and governing the unified design and function of the PUD shall be required at the time of final platting. 3. Unless specifically set out in the standards and conditions ofthis PUD, all single-family lots shall meet the requirements of a typical RS-3 district. 4. That prior to the issuance of building pern1its, the applicant is subject to the platting and site plan requirements of the City of Owasso and all subsequent conditions imposed by the Owasso Technical Advisory Committee. 5. Acceleration/Deceleration lanes will be required on North 1451h East Avenue. 6. Sidewalks will be required along North 1451h East Avenue. RECOMMENDA TION Staff recommends approval of OPUD 03-01 subject to the following conditions: Staff published legal notice of the PUD request in the November 13, 2003 edition of the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. Staff has received no inquiries concerning the request. Any future development on the propeliy will be served sewer by the City of Owasso and water by the Rural Water District #3 of Washington County. 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. On-site detention is required and will be fmiher defined at the platting stage. Sidewalks will be required along all public right-of-ways associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed. Acceleration/deceleration lanes are required at all access locations along arterials. !J~ TR~TMENT OF THE pun nEV~OPlVIENT POSmJ!~ The applicant has effectively utilized the site, its existing features and thoughtfully arranged the site within the PUD. property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the shall submitted. The single family residential development proposed here will be situated on the eastern side of the activity node adjacent to North 14Sth East Avenue. This circumstance will help a developed Hwy 20/US Hwy 169 node transition down in intensity as development moves eastward. Recent development along North 14SIh East Avenue shows a trend toward single family residentiaL A TT ACHEMENTS 1. OPUD 03-01 Application 2. General Area Map 3. OPUD 03-01 Development Outline Plan 4. Legal Notice OPC MEETING DATE APPROVED DENIED SUBMITTAL DATE FEE RECEIPT NUMBER Fee Schedule 0- 0.99 acres 1- 4.99 acres 5-19.99 acres co:acres :d ab~ -:::~). (? I() (JI 0 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. CH.~~~~o I..~ H L,~ I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN SUBMITTED IS COMPLETE, TRUE AND ACCURATE Name of person to be billed for pubjication I Phone . Dwa 5.56 Lo.not lht~+ _. 2. 'l2-S33g' A1ailin-S,. Address (}--I D ~--:$ <> ~ '2... ~ 0 O~ s oS 0 ,Ok:: J lff.t5S . Address or General Location of Subject Property Name and Address of Record Owne o~Tt', ' ~}pp1icant, what is your~' terest in this property? ~resent Owner gent for Owner ~urchaser Other DArtomey for Owner LEGAL DESCRIPTION OF LAJ.'ID UNDER APPLICATION (If by metes and bounds, attach plat of survey) . ~ a.:r:J;J[~. _ .....__. ~__.....~ PRESENT ZONING . ~ .eiIrl&~ PROPOSED ZONING_~ ~ P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 272-4997 loz- J CITY OF OWASSO November 4, 2003 Prepared by: CHARNEY & BUSS, P.CO P.O. Box 240 Owasso, Oklahoma 74055 (918) 272-5338 Submitted to: CITY OF OWASSO, OKLAHOMA a proposed Addition to the City of Owasso, Tulsa County, State of Oklahoma (In part of the E/2 of Section 9, Township 21 North, Range 14 East) [Formerly contained within the City of Owasso PUD's known as Interchange Business Park and Robinson Business Park] CJ{~LS~jI PjI 1(7{ Submission for: PLANNED UNIT DEVELOPMENT 2 Maps: Site Analysis Underlying Zoning Expected Schedule of DevelopmenL.................................wo...o.ooo........ 8 Site Plan Review......................... 0.... ...........0........................ ............ 8 Platting Requirernents ........... ,........................................................... 8 Property Owners' Association............... ......... ........ ....... ....................... 7 Development Standards ~ Garden Homes................................................. 6 Statistical Summary...................,......o............................................... 5 Development Concept......................,..... 0.......................................... 4 Background 8: History........................................................................ 3 TABLE OF CONTENTS 3 This re~zoning request will require an amendment to both of the above referenced PUD's and result, hopefully, result in the creation of a new PUD which will speak specifically and solely to a singleofamily residential use. Originally, neither of the two PUD's referenced above contained any zoning for singleofamily residential units. As the needs of the market place have evolved, it is the developer's belief that the combined 25.62 acre tract is ideally suited for a single-family residential development. Although it is likely that more intense commercial development will occur in the future to the west of the subject 25.62 acre tract along U.S. Hwy. 169, it does appear that single family uses along North 145tl1 E. Avenue are appropriate. Significant opportunity for buffering will exist upon lands located the west of this 25.62 acre tract to separate the proposed singleofamily uses from more intense uses that may develop in the future. Tract #2 A 2.34 acre tract of ground immediately north of Tract #1 above which is also located along the west side of North 145th E. Avenue and which was previously zoned as part of the Interchange Business Park PUD. Tract #1 A 23.28 acre tract of ground along the west side of North 145th E. Avenue which was previously zoned as part of the Robinson Business Park PUD. This proposed 25.62 acre residential development is comprised of the following two parcels: BACKGROUND & HISTORY 4 Chelsea Park is a residential, "gardenohome" type development that will feature low maintenance yards and a small, secure neighborhood feelingo Many prospective residents in today's marketplace desire smaller, well.. maintained yards along with cute homes on smaller lotso This neighborhood will also contain a "pocket" park(s}" that is available for general neighborhood use as a green area for residents. This development concept will allow that type of home to be developed in a manner that is consistent and well-designed. Chelsea Park is a proposed planned unit development (PUD) comprised of 25.62 2: acres in northwestern Owasso, Oklahoma. The property is located on the west side of 145tl1 E. Avenue between 106th Street North and Hwy. 20. The site is characterized by relatively flat to slightly rolling 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 development possibilitieso DEVELOPMENT CONCEPT 140 DU's 2: 25,62 gross acres 2: 25.62 gross acres 5 Single-Family Detached ("Garden Homes") )> Total Area: 2: 25.62 gross acres )> Requested Number of Dwelling Units: 140 RESIDENTIAL: DEVELOPMENT AREAS Units Maximum > Residential Project Area STATISTICAL SUMMARY 6 pursuant to their review. modifications may be established by the city of Owasso Planning Commission and the Owasso City Council are consistent with the concepts and development standards set forth above. Additional requirements or It is intended that a preliminary and final plat will be submitted for the residential development areas that Other Requirements: * Only front-facing garages shall be permitted within the Addition. No garage openings will be permitted which face a 10 foot buildi ng setback_ *" Cul-de-sac and pie shaped lots may have less than minimum frontage measured at building lines. >- Permitted Uses As permitted within RS-3 District, By right or special exception >- Minimum Lot Size 5,000 sq. fto >- Maximum Building Height stories >- Minimum Front Yard if Abutting Public Street 20ft. >- Corner Lot Minimum Side Yard Abutting Public/Private Street '10' ft. >- Minimum Lot Frontage*" 50 ft. >- Minimum Lot Depth 100 ft. >- Minimum Rear Yard 15 ft. >- Minimum Side Yard 5/5 ft. or 0/10 ft. Single-family detached structures intended for individual lot ownership. Single-Family Detached Homesites: Garden Homes DEVELOPMENT 5T ANDARD5 7 Final documents on the Property Owners' Association of Chelsea Park will be filed in the future which will address rights and requirements for association members. The Property Owners' Association to be established at Chelsea Park will have as its main objectives, the maintenance of the detention area, landscaped entrances, and all other landscaped buffer's and islands, if any. These areas are to be prepared by the developer and turned over to the Chelsea Park 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 Chelsea Park Property Owners' Association for that cost. Should payment by any member not occur, the city of Owasso and/or the Chelsea Park Property Owners' Association may place a lien on the delinquent member's real property within the platted area. PROPERTY OWNERS' ASSOCIATION 8 Development of Chelsea Park is anticipated to commence upon approval and of zoning and platting. EXPECTED SCHEDULE OF DEVELOPMENT 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. SITE PLAN REVIEW No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duly filed of record, provided, however, that development areas may be platted separately. Restrictive covenants shall be established which are not inconsistent with the terms hereof and where appropriate, the city of Owasso shall be made a beneficiary thereof. PLATTING REQUIREMENT MAR 11/13/03 Thiessen-portio n-legaI SAID TRACT CONTAINS 2.34 ACRES MORE OR LESS. BEGINNING AT THE SOUTHEAST CORNER OF SAID NE/4 OF NE/4; THENCE S 88044'40" W ALONG THE SOUTH LINE OF SAID NE/4 OF NE/4 A DISTANCE OF 922 1 FEET; THENCE N 14029'48" W, 5.00 FEET WEST OF AND PARALLEL TO THE CENTERLINE OF THE GRDA EASEMENT RECORDED IN BOOK 3319 AT PAGE 64, A DISTANCE OF 111.98 FEET; THENCE N 88044'40" E A DISTANCE OF 947.58 FEET TO A POINT ON THE EAST LINE OF SAID NE/4 OF NE/4; THENCE S 1024'05" E ALONG SAID EAST LINE A DISTANCE OF 109.00 FEET TO THE POINT OF BEGINNING. A TRACT OF LAND THAT IS PART OF THE NORTHEAST QUARTER (NE/4) OF THE NORTHEAST QUARTER (NE/4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE 1.8.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Tra~+L MAR 11/13/03 ChelseaPark-legal SAID TRACT CONTAINS 25.62 ACRES MORE OR LESS. BEGINNING AT THE SOUTHEAST CORNER OF SAID NE/4; THENCE S 88044'39" W ALONG THE SOUTH LINE OF SAID NE/4 A DISTANCE OF 615.14 FEET; THENCE N 14029'48" W, 5.00 FEET WEST OF AND PARALLEL TO THE CENTERLINE OF THE GRDA EASEMENT RECORDED IN BOOK 3319 AT PAGE 64, A DISTANCE OF 1467.27 FEET; THENCE N 88044'40" E A DISTANCE OF 947.58 FEET TO A POINT ON THE EAST LINE OF SAID NE/4; THENCE S 1024'05" E ALONG SAID EAST LINE A DISTANCE OF 1428.27 FEET TO THE POINT OF BEGINNING. A TRACT LAND THAT PART OF THE EAST HALF (E/2) THE NORTHEAST QUARTER (NE/4) OF SECTION 9, TOWNSHIP NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY, OKLAr'10MA, MORE PARTICULARLY DESCHIBED FOLLOWS: PARK CH NEW COMBINED LEGAL City of Ow ass 0 Community Development Department For more information on the proposed rezoning contact the Owasso Community Development Department, City Hall, III N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1500. Dated at Owasso, Oklahoma, this lOth day of November, 2003. To be considered is an annexation of approximately 25.624 acres, more or less generally located on the west side of l45th E. Avenue between E. 106th St. N. and E. 1 I 6th St. N. 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. SAID TRACT CONTAINS 25.62 ACRES MORE OR LESS. BEGINNING AT THE SOUTHEAST CORNER OF SAID NE/4; THENCE S 88044'39" W ALONG THE SOUTH LINE OF SAID NE/4 A DISTANCE OF 615.14 FEET; THENCE N 14029'48" W, 5.00 FEET WEST OF AND PARALLEL TO THE CENTERLINE OF THE GRDA EASEMENT RECORDED IN BOOK 3319 AT PAGE 64, A DISTANCE OF 1467.27 FEET; THENCE N 88044'40" E A DISTANCE OF 947.58 FEET TO A POINT ON THE EAST LINE OF SAID NE/4; THENCE S 1024'05" E ALONG SAID EAST LINE A DISTANCE OF 1428.27 FEET TO THE POINT OF BEGINNING. A TRACT OF LAND THAT IS PART OF THE EAST HALF (E/2) OF THE NORTHEAST QUARTER (NE/4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE 1.8. &M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 8th day of December, 2003. At that time and place, consideration will be given to the petitioned annexation of the following described property: OPUD: 03-01 NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF O\VASSO~ OKLAHOMA If approved by the City Council, the depmiment will place the order for these two vehicles, set to be delivered in late January or beginning of February of 2004.. In searching for the best price, the department sought pricing from several dealerships holding governmental agency contracts with the State of Oklahoma. Typically agencies can seek pricing from dealerships that is the same or better than the state contract denotes. After negotiations with several dealerships across the state, the department was able to obtain a price of $27,552.84 from Classic Chevrolet for the 2004 Chevrolet Tahoe, approximately $2000.00 less than to the state contract price. The state contract standard on these vehicles is the three-year, 36,000 mile bumper to bumper wananty. During the FY 2003-2004 budget process, the department requested one fully equipped patrol vehicle and one partially equipped vehicle for the purchase of two spOli utility vehicles this year, in order to accommodate the dramatic increase in reserve officer staffing and for backup purposes in case an assigned vehicle requires routine maintenance or becomes damaged. The FY 2003-2004 operating budget provides funding for the purchase of two sport utility vehicles. Two sport utility vehicles are recommended because this type of vehicle is more conducive to hauling crime scene equipment without the worry of weather and to achieve the goal of having one 4-wheel drive vehicle per shift to more effectively respond in inclement weather. In order to achieve this goal, the department would have to purchase three more of these vehicles in the future. Currently the department's fleet has 33 vehicles to accommodate 27 patrol officers,S detectives and 19 reserve officers. Of those cars, 5 are at least eight years old. The City of Owasso cunently has assigned one vehicle per officer for crime prevention purposes, maintenance cost reduction and to encourage employee ownership of the vehicle to increase the length of the vehicle's useful life. BACKGROUND: DECEMBER 2003 DAN YANCEY CHIEI1' OF POLICE THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO MEMORANDUM 1. Bid Proposal from Classic Chevrolet 2. Vehicle Rotation Policy 3. Vehicle Maintenance Policy ATTACHMENTS Staff recommends that the Owasso City Council approve the purchase of two (2) 2004 Chevrolet Tahoes in the amount of$55,105.68 from Classic Chevrolet in Owasso, Oklahoma. RECOMMENDATION: If approved for purchase, funds totaling approximately $7,000 from other line items within the Police Department budget will be needed to supplement the purchase and provide these vehicles with the necessary equipment to perform the job functions. The majority of the funding is available contained within the Capital Outlay - Vehicles line item of the Police Department budget (01-201-54500) in the amount of $53,000. FUNDING: This request is for Council's approval of the purchase of two (2) 2004 Chevrolet Tahoes in the amount of$55,105.68 from Classic Chevrolet in Owasso, Oklahoma. REQUEST: In addition to the rotation policy the department has also adopted a strict vehicle maintenance policy that will not only increase the longevity ofthese vehicles but provide operationally safe vehicles. COMMENTS: POLICE VEHICLE PURCHASE December 5, 2003 PAGE 2 * Ensuring that all equipment assigned to the vehicle is present and in proper working order. Deficiencies will be reported to the member's supervisor and corrected by the member. * Maintain a copy of the vehicle registration and current insurance information in the vehicle. * Refueling the vehicle at the end of each shift or as needed. (Only approved fuel may be used.) * Keeping vehicles in a clean and serviceable condition. * Reporting needed repairs. Members assigned a vehicle are responsible for: IV. RESPONSIBILITY: E. Level C - Service performed every 1 SO days D. Level B - Service performed every 3,000 miles or service hours determined by vehicle maintenance C. Level A - Service performed every 12,000 miles or service hours determined by vehicle maintenance B. Vehicle - Owned by the City of Owasso, assigned or temporarily assigned to the police department A Members - City of Owasso Employees HI. DEFINITIONS: It is the policy of this department to comply with the current maintenance standards set forth and recommended by the SUppOlt Services Division of the City of Owasso and to outline the responsibility of the employee as it pertains to procedures, inspections and equipment. H. POLICY: The purpose of preventative maintenance is to keep a vehicle in satisfactory operating condition, observe problems before they become a major breakdown, and in so doing, keep safety a high priority and maintenance costs to a minimum. I, EURPOSE: The policy statement and the procedures thereunder are intended for Police Department only. The policies, procedures and regulations are for internal Police Department administrative purposes and are not intended to create any higher legal standard of care or liability in an evidentiary sense than is created by law. Violations of internal Police Department policies, procedures, regulations or rules form the basis for action by the Police Violations of law form the basis for civil amI/or criminal sanctions to be determined in a proper judicial setting, not through the administrative procedures of the Police Chief of Police Dan M. Special Instructions 10f4 OWASSO POLICE DEPARTMENT POLICY & PROCEDURE * First aid kit * Biohazard protective equipment * Fire extinguisher '" Flashlight these vehicles will additionally be equipped with the following safety equipment: '" Blue and red emergency lights. * A siren or other audible device * Public address system (automobiles only) Each vehicle used in routine, general patrol, or traffic enforcement must be equipped with at least the following equipment in operational order: VIIL VEHICLE OPERATIONS: All equipment will be approved by the Chief of Police before being installed in or affixed to any Department vehicle. VII. AUTHORIZED E9UIPMENT: Monthly: Supervisors will perform monthly inspections of all vehicles assigned to their shift to insure that all vehicles are properly maintained, and kept in a clean condition. Damage should be compared against entries in the Vehicle Damage Log and appropriate action taken when unlisted damage is found. Damage found during a daily inspection will be immediately brought to the attention of the member's supervisor, forwarded to the Chief of Police. The officer shall complete the necessary documents or request an investigation as required for reporting an accident. The member's supervisor will be responsible for any necessary reports and/or inquiries for unreported damage. Daily Inspection: Officers will perform an inspection prior to the use of the vehicle and ensure that the vehicle is fully operationaL VIo INSPECTIONS: A Departmental vehicle that can be safely driven, but is in need of repair, will be taken to the City garage or to an authorized vendor for repairs. The Vehicle Maintenance supervisor will decide which is appropriate and then authorize the use of an outside vendor. If required, the City's contracted wrecker may be contacted to assist a disabled Department vehicle. The request shall be made to Vehicle Maintenance during regular hours and to Communications after hours. Vehicle defects will be promptly reported to the member's immediate supervisor. A vehicle repair request shall be completed and submitted to the supervisor. The immediate supervisor of officer shall facilitate the repair of the vehicle through the Vehicle Maintenance Department. Vo Chief of Police Dan M. Special Instructions Issued 20f4 POLICY & PROCEDURE VEHICLE MAINTENANCE OWASSO POLICE DEPARTMENT 1. Air filter(s) [replace if necessary] 2. Remove wheels & inspect brakes [pads, shoes, rotors, drums, master & wheel cylinders, lines, connections, as needed] 3. Engine oil filter, oil & lubricate fittings [lube, oil and filter] 4. Lube winch, PTO and Lift gate - if applicable Repair & Replace 1. Emission Certification expiration date/test as appropriate 2. Windshield, windows and mirrors 3. Lights [head, tail & stop, turn signals, license light, top light & etc.] 4. Decal condition & License plate 5. Accident damage 6. A/C / Heater / Condition ofInterior 7. Load test batteries 8. Alternator output & starter draw 9. Floor mats, shift boot(s), visors, etc. 10. Seat belts & seat controls 11. Door controls & lock operation 12. Fluid levels [coolant, engine oil, automatic transmission, brake, steering & washer] 13. Warning lights, buzzers, gauges & horn( s) 14. Check fire extinguisher - if applicable 15. Wiper & washer [blades, arms fluid] 16. . Battery & charging system 17. Listen to starting operation 18. Radiator and A/C conclensf'l" for obstructions 19. Belts & hoses / Battery Terminals 20. Frame & suspension [shocks, bushings, etc.] 21. Mounts, brackets, linkages, u-bolts 22. Drive train [boots, u/cv-joints, yokes, nuts] 23. Check oil leakage from all PIT components 24. Exhaust system [leaks, corrosion & broken supports] 25. Steering action / operation & components 26. Rotate tires/Check air pressure & tire / spare condition (Tools in Trunk) 27. AFVs - Alternative Fuel System (Please fill tank before bringing vehicle in for service.) 3,000 MILES SERVICE (LEVEL B) Routine maintenance will be performed by the Vehicle Maintenance Department on a schedule established by that department. The Vehicle Maintenance Supervisor will work with the Lieutenant/Operations Commander or his designee to ensure that vehicles are serviced in a timely manner. IX. Chief of Police Dan M. Special Issued By 3 of 4 POLICY & PROCEDURE VEHICLE MAINTENANCE OWASSO POLICE DEPARTMENT Those vehicles that are only utilized on a case by case basis and do not meet the requirements of Level A and B. 150 Day Service (Level C) 1. Engine Performance 2. Transmission and clutch operation 3. Steering action / wander 4. Braking action pull / grab / lockup 5. Rattles and unusual noises 6. Steering action / operation and components 7. Tune-up (Plugs, cap, rotor, PCV valve, etc., as necessary) Road Test 1. Replace air filter 2. Replace fuel filter 3. Clean Brake System [pads, shoes, rotors, drums] 4. Change automatic transmission fluid & filters Repair and Replace - Same as 3,000 Miles Service plus 1. Test engine coolant for freeze point & S.c.A.'s / Leaks 2. lVC system for proper operation 3. Fan operation [fan clutch, radial play, etc.] 4. Fuel system [carburetor, fuel injector, choke, etc.] 5. Check EGR & PCV Valve 6. Check wheel bearing adjustment 12,000 Miles Service (LEVEL A) - Same as 3,000 Service plus Dan M. Yancey, Chief of Police POLICY & PROCEDURE VEHICLE MAINTENANCE 40f4 OWASSO POLICE DEPARTMENT E. Any vehicle in excess of the 100,000 miles or sevef,l (7) year levels shall be replaced unless a review by the vehicle maintenance department determines the vehicle is appropriate for the current service. D. An annual analysis of maintenance costs for each vehicle will be conducted at the end of each calendar year. Any vehicle whose average yearly maintenance cost exceeds the standard deviation of the cost per year for its vehicle class, as published annually by the ICMA, will be examined more closely as to whether it would be more economical to replace it. C. Maintenance Costs will be established based upon direct costs as reported by the Vehicle Maintenance Facility. 100,000 miles or 7 years of age B. Mileage and age parameters for vehicle replacement will be: 1. Maintenance Costs 2. Mileage 3. Age A. Vehicles will be replaced using the following criteria (in order of priority) HI. VEHICLE REPLACEMENT SCHEDULE: It is the policy of this department to plan vehicle replacements whenever the following policies set forth are met. Uo POLICY: The purpose of this policy is to determine vehicle replacement in order to retain and provide the operations of the department with the most practical and suitable transportation needs necessary to perfOlTIl the job functions and to adequately prepare the vehicle replacement portions of the City budget. I. PURPOSE: The policy statement and the procedures thereunder are intended for Police Department only. The policies, procedures and regulations are for internal Police Department administrative purposes and are not intended to create any higher legal standard of care or liability in an evidentiary sense than is C[oeated by law. Violations of internal Police Department policies, procedures, regulations or rules form the basis for action the Police Violations of law form the basis for civil and/or criminal sanctions to be determined in a proper judicial setting, not the administrative procedures of the Police Department. Dan M. Yancey, Chief of Police Special Issued By Iof2 NliI1ilJefor yages POLICY & PROCEDURE VEHICLE ROTATION POLICY OWASSO POLICE DEPARTMENT C. All vehicles to be purchased under either process are to ,be reviewed by Vehicle Maintenance. Suitability and appropriateness for the job intended, balanced by cost, and efficiencies resulting from maintenance requirements and fleet standardization are primary considerations. B. Specialty vehicles and those not acquired through the state procurement process are purchased through the city procurement process. A. The city fleet will normally be purchased through the State of Oklahoma procurement process that lUns each year from November 1 through June 30. Since it is the goal of the city to purchase the appropriate vehicles, Vehicle Maintenance will assist in their review of state contracts for applicability of new vehicle replacements. As soon as is feasible after the state contract is issued, orders shall be placed by the department for the anticipated replacements identified in the replacement program. V. ACQUISITION_OF NEW VEHICLES: B. The Police Department will surplus the vehicle and utilize a the vehicle pool replacement when feasible. A When a vehicle/piece of equipment is in for repairs, and it is determined that the repairs will exceed the economic value of the equipment, the Vehicle Maintenance Department will notify the Police Department of the situation. IV. UNSCHEDULED REPLACEMENT DUE TO MAINTENANCE COSTS: Vehicles that are over the age criteria and are in good condition will not normally be replaced, although they may be reassigned. L. High mileage vehicles that are in good condition will not normally be replaced, although they may be reassigned. K. Only vehicles designated as requiring replacement on the Vehicle Replacement Schedule will be scheduled for replacement in the Budget. J. The Police Department will maintain a pool of 3 or 4 sedans to serve as backup or to be utilized in the Reserve Program. 1. All vehicles that have been surplused will be transferred to the Vehicle Maintenance Department for disposal. H. Vehic!es that are replaced due to projected maintenance cost, mileage, or age will be surplused upon receipt of the replacement vehicle. G. By February 15 of each year Vehicle Maintenance, working in consultation with the Police Department, shall publish a Vehicle Replacement Schedule that shall serve as the basis for the proposal of vehicle purchases in the next annual budget. F. Chief of Police Dan M. Special Instructions OWASSO POLICE DEPARTMENT 20f2 ages POLICY & PROCEDURE ATTACHMENTS: 1. Original Centennial Park Memo 2. Real Estate Donation Agreement and Contract Ifthe punch list is completed prior to the December 16, 2003 Council Meeting, it is likely that this item will be contained on the claims list for payment. If you have any questions, please do not hesitate to contact Mr. Warren or me. The agreement initially was drafted so that Preston Lakes Development Group, L.L.c., would receive partial payment upon the completion of the improvements, with the remaining payment to occur on July 1, 2003. Because that date has passed, Preston Lakes Development Group, L.L.c., would be receiving total payment in the amount of $323,500. Funds for this item are contained within the Park Development Fund. On Monday, December 1,2003, a punch list was developed by Mr. Warren and a representative ofthe Preston Lakes Development Group, L.L.C. That punch list consisted of minor trail repairs, clean-up work, the need to address a high water area around the southernmost pond, and improvement to the "old barn structure" on the property. This list began to be diligently addressed by the developer on Tuesday, December 2, 2003 and it is anticipated that payment will be requested by the developer. BACKGROUND: On August 20,2003, the City of Ow as so approved a "Real Estate Donation Agreement and Purchase Contract" for the area known as Centennial Park. The agreement called for the donation of approximately 59 acres ofland to be reserved and used for a passive park by the City of Owasso. Additionally, the agreement provided for park improvements consisting of walking trails, signage, playground equipment, trail lighting, bridges, parking lots, and a park shelter. December 2003 TIMOTHY ROONEY ASSISTANT MANAGER THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM $ 323,500.00 TOTAL SCHEDULED PARK IMPROVEMENTS: The following are the scheduled improvements to occur at Preston Lakes Centennial Park, along with the negotiated costs of those improvements: @ Asphalt walk trail - 7' wide by 3" thick (approx 3 miles in length) @ Dirt work and Grading @ Signage @ Play park equipment (4 play areas) @ Landscape Timbers and wood chips for play park @ Lighting (Provided by PSO) @ Seed @ Walk Bridges (2) @ Parking Lot @ Fence and Entry @ Park Shelter @ General Overhead/Admin. of constmction (Owasso Land Trust) @ Land Cost for 59+ acres (Donated by Preston Lakes, L.L.C.) $ 100,800.00 $ 8,700.00 $ 3,000.00 $ 50,000.00 $ 8,000.00 FREE $ 20,000.00 $ 22,000.00 $ 34,000.00 $ 12,000.00 $ 65,000.00 FREE FREE LOCATION: The proposed Preston Lakes Centennial Park is located Y2 mile east ofE. 86th Street North and N. 145tl1 East Avenue and contains 59 acres, more or less. The area contained within the proposed park consists of a drainage area that drains nOlih to south. BACKGROUND: Over the last eighteen months, the City of Owasso has been in negotiations with Preston Lakes, LLC, in order to allow for the donation of 59+ acres of land area to the City of Owasso for use as a regional park. The agreement would not only allow for the donation of land, but it would also allow for the city to purchase improvements made to the park area by the developers, establish a schedule for the repayment of the improvements, as well as provide a funding source for a large portion of the improvements. August 14, 2002 TIMOTHY D. ROONEY THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO TO: MEMORANDUM ADDITIONAL COMMENTS: The proposal, if approved by the City Council, would provide Owasso residents with a new regional park with the longest walking trails outside ofthe River Parks park system. The following items would also be addressed: @ Two issues incorporated into the 2010 Land Use Master Plan would be addressed. (1) The lack PAYMENT SCHEDULE: The proposed agreement between the City of Owasso and Preston Lakes, LLC, establishes the total cost of all improvements at $323,500. The city would pay the $323,500 in two payments, with $150,000 being paid to the developers upon completion of the improvements and the remaining $173,500 would be paid on July 1, 2003. All fees collected through the assessment of the Park Development Fees are deposited in the Park Development Fund. The Park Development Fund has a fund balance of $330,000 (projected). Through the developers allowing the City of Owasso to continue to assess the Park Development Fee, a total of $127,700 from the Preston Lakes Addition building pelmits can be collected toward the payment of the improvements, and this does not include any park development fee revenue generated by other newly platted additions in the city. FUNDING SOURCE: The agreement allows for the City of Owasso to continue assessing the Park Development Fee on all building permits in the Preston Lakes additions. Typically, when a residential development occurs, there are two avenues a developer can take. The first would be the donation ofland for the city development of a parle The other alternative would be for the developer not to donate any land, at which point the city assesses a Park Development Fee on every building permit. This fee is $75 per dwelling, plus an additional $25 per bedroom in that dwelling. Changes that have been incorporated into the proposed schedule of improvements based upon concerns expressed by both staff and the City Council include the following: @ The asphalt walking trail, after discussion held the last time it was presented, has been widened from 5 feet to 7 feet. Several Council members had concerns regarding the width of the trail and whether or not it would be in the best interest of the City to go along with a 5 foot wide walking trail with plans to widen it later. @ The Council had requested a more detailed site plan that would provide the locations of the playground areas as well as all parking areas, both upon opening and in thc future. The revised site plan indicatcs all ofthcse areas, both at the time of dedication of the park and future cxpanSIOn. @ Woods Chips have been substitutcd for Gravcl in thc play safety fall zone areas. This falls in line with our policy to utilize wood chips rathcr than gravcl around playground equipment. Parks staff finds wood chips to be a safer alternative than gravel due to choking and throwing hazards. @ The Sellers Cost of Capital to permit a 6 ycar payout has also been eliminated. Originally, this was proposed by Preston Lakes, LLC at $41,537. It is now zero, with a payout agreement that provides for the first payment of $150,000 when the park is completed and the rcmaining $173,500 occurring on July 1,2003. @ The Gazebo has been replaccd with a Park Shelter at a cost of $65,000. ATTACHMENTS: 1. Proposed Preston Lakes Centennial Park Agreement 2. Legal Description of Park Area RECOMMENDATION: Staff recommends Council approval of the Preston Lakes Centennial Park Agreement, allowing for the donation of 59 acres, more or less, for public park use. Additionally, the agreement defines scheduled improvements and a payment schedule for those improvements. A copy of the proposed Centennial Park Preston Lakes Agreement is attached for your information and review. A large copy of the site plan will be available Tuesday evening which shows the locations of all improvements, as well as floodway boundaries. lfthe agreement is approved by the City Council, the developers intend to begin work on the improvements immediately. The goal is to have the park improvements completed within 90-120 days. There has been no new park area located east of the Owasso Expressway, where a majority of Owasso's growth has occurred in the last 20 years, since the development of Elm Creek Park Coincidentally, this park will offer similar amenities to the public as Elm Creek Park with the addition of a paved and lighted walking trai1. Elm Creek Park remains the most popular passive park in the City of Owasso park system. of passive recreational parks for activities like nature studies, walking, picnicking, fishing, and relaxing rather than active parks for organized team sports; and (2) Lack of greenway areas with trails linking the community together. The 2010 Land Use Master Plan was adopted by the City Council in January of 2000 after significant public input. @ Item #11 ofthe Owasso Strategic Priorities included in the FY 2001-2002 Annual Budget Both the Council and Staff identified Trails and Passive Park Areas as a Strategic Priority to be addressed this fiscal year. WHEREAS, Buyer is desirous of obtaining such improved park land to continue its policy of improvement ofthe quality oflife of Buyer's citizenry by providing more recreational amenities to the WHEREAS, Seller is desirous of donating such park land to the City of Owasso in order to benefit the City, and Such improvements will be made in accordance with City of Ow as so, Oklahoma Building Standards as well as any National Park and Recreational Standards applicable thereto; $ 323,500.00 TOTAL 2. Dirtwork and Grading $ 8,700.00 3. Signage $ 3,000.00 4. Play park equipment (4 play areas) $ 50,000.00 5. Landscape Timbers and wood chips for play park $ 8,000.00 6. Lighting (provided by PSO) -FREE- 7. Seed, Sod, Irrigation $ 20,000.00 8. Walk Bridges (2) $ 22,000.00 9. Parking Lot $ 34,000.00 10. Fence and Entry $ 12,000.00 11. Park Shelter $ 65,000.00 12. General Overhead! Admin. of construction (provided by Owasso Land Trust) - FREE- 13. Land Cost for 58 + acres (Donated by Preston Lakes Development Gronp, L.L.C.) - FREE- $100,800.00 $ Asphalt walk trail - 7 feet wide by 3 inches thick (approx.3 miles in length) 1. WHEREAS, Seller, in conjunction with development of such residential properties is developing an improved park land area consisting of approximately 59.47 acres, more or less. Said park land is more specifically described on Exhibit A, attached hereto and made a part hereof. The improvements that are to be made and the approximate amounts thereof are as follows, to-wit: WHEREAS, Seller is in the process of developing real estate within the corporate limits ofthe Buyer, sub development consisting of singleo.family residential and duplex as well as multi-family residential and being popularly known as Preston Lakes, WITNESSETH: lU:CIT AI,S This agreement is dated this 2c:l:l:h __ day of 2002, by and between Preston Lakes Development Group, L.L.c., (hereinafter referred to as "Seller") and the City ofOwasso, Oklahoma, (hereinafter referred to as "the City" or as "Buyer"). REAL ESTATE DONATION AGREEMENT AND PURCHASE CONTRACT 2 n SALE OF IMPROVEMENTS UPON DONATED PARKLAND PURCHASE PRICE TERMS OF PAYMENT The total purchase price for the improvements upon the donated park land property described on Exhibit "A" hereto, (such improvements as are outlined above) shall be 'Three Hundred Twenty-three Thousand, Five Hundred Dollars and Noll 00 ($323,500.00). The purchase price for the improvements shall be paid as follows to-wit: 1. One Hundred Fifty Thousand Dollars and NoI100 ($ 150,000.00) from the City of Owasso, Oklahoma, Park Development Fund, upon the closing hereof as hereinafter provided for and, 2. One Hundred Seventy-three Thousand, Five Hundred Dollars and NoI100 ($173,500.00) payable on July 1,2003. It is specifically understood and agreed that the One Hundred Seventy-three Thousand, Five Hundred Dollars and Noll 00 ($ 173,500.00) shall bear no interest. Is further specifically understood and agreed that the One Hundred Seventy-three Thousand, Five Hundred Dollars and NoI100 ($ 173,500) shall be payable solely from the Park Development Fees collected from the building permits issued by the City of Owasso in any subdivision where such Park Development Fees are collected. It is expressly understood by Seller that, despite Seller's gifting of the underlying park land, all of the residential building permits hereafter issued by the City within the entire Preston Lakes Planned Unit Development (whether such permits be multi-family, duplex or single-family in nature), shall be subject to such Park Development Fees. The estimated Six Hundred Sixty-Eight (668) single family residential and duplex building permits in the Preston Lakes P .D.D. will contain such Park Development Fees in the amount of One Hundred Fifty Dollars and Noll 00 ($150.00) each and the estimated Two Hundred Twenty (220) multi- family building permits to be issued in the Preston Lakes P.D.D. shall also be subject to a Park Development Fee. It is neither intended nor shall Seller consider any other source of payment, especially sales tax or general ad valorem taxes, except from the Park Development Fees. This is a special limited source obligation intended to be in compliance with the provisions of Oklahoma I DpNATION OF PARK LAND Seller, upon completion of the improvements to the park land set forth above, shall on the date set forth below, convey by donation unto Buyer by General Warranty Deed that park land described on Exhibit A hereto free and clear of any and all encumbrances, liens, mortgages or claims whatsoever that would adversely affect the marketability of Buyer' s fee simple title in and to the park land described on Exhibit A, or the improvements thereto, as recognized by the Title Examination Standards ofthe Oklahoma Bar Association. NOW THEREFORE, in consideration of the foregoing as well as the following conditions, covenants, and tenns, the parties hereto agree as follows: existing park and recreation inventory of the Buyer. This transaction shall be closed on or within thirty (30) days after completion of the improvements by Seller's delivery to Buyer a General WlliTanty Deed to the park land and improvements set forth on Exhibit "A" hereto duly executed and in recordable fonn as well as any Bills ofSa1e or Warranty relating to equipment installed on the park land as well as the Buyer's payment unto the Seller ofthe IV CLOSING Seller shall furnish Buyer title evidence covering the Property, which shows marketable title vested in Seller according to the title standards adopted by the Oklahoma Bar Association. (a) Such title evidence shall be in the fonn of: (check one) ~ Comnlitment for Owner's Title Insurance Policy, or _ Abstract of Title. b) Seller shall make Seller's existing title evidence (base abstract of title or Owner's Title Insurance Policy) available to the escrow closing agent within a reasonable time after the date of acceptance of this Contract. (c) When title evidence in the fonn of a Commitment for Owner's Title Insurance Policy is furnished, the cost of such policy and a loan survey shall be paid 50% by Seller and 50% by Buyer. Seller shall pay any abstracting costs in excesS ofthe title insurer's average abstracting cost. Such Owner's Title Insurance Policy shall insure Buyer to the extent ofthe total purchase price. When a survey satisfactory to the title insurer is furnished showing no encroachment and/or boundary disputes, such policies shall provide usual encroachment coverage. In the event the survey discloses any encroachment(s) and/or boundary dispute(s), such policies shall provide encroachment coverage with exceptiones) for matters disclosed by such survey which exceptiones) shall be subject to acceptance by Buyer in writing. (d) When title evidence in the fonn of an abstract of title is furnished, then a duly certified abstract of title (including current Unifonn Commercial Code Certification) shall be provided at Seller's expense and Buyer shall, at Buyer's expense, obtain either a title opinion or an Owner's Title Insurance Policy. (e) Upon delivery to Buyer of a current Commitment for Owner's Title Insurance Policy or the abstract, certified to date, as the case may be, Buyer shall have a reasonable time, not to exceed 10 days, to examine the same and return the same to Seller with any written objections concerning the marketability of the title or such right to object shall be deemed waived. Seller shall have 60 days from such notice of objection to correct such defects, unless such time is further extended by written agreement of the parties. OF TITLE m The Buyer shall pay no more and no less than the purchase price set forth above regardless of any cost ovemms or cost savings that the Seller may experience as a result of constmcting the improvements described above. Constitution, Article 10, Section 26. 4 Seller hereby reserves all rights, if any, associated with the subject real property that may now exist or" hereafter arise relating to said real property's status as an undisturbed or undeveloped wetland or drainage area, including the rights to receive benefits relating to what is commonly referred to as "banking" such property. In no event, however, will Seller's exercise of such rights interfere with the City's use of such property for the purposes set forth herein. VII RESERVATION OF CERTAlNRIGHTS It is intended by the Seller that this park be a "passive-use" park and is not to be used by the City or by organized leagues for use as athletic fields for baseball, softball, soccer, etc. However, it does not violate Seller's intent of such "passive uses" to allow construction, at a later date, by the City of a basketball court or a sand-volleyball court. It is hoped tllat this park will be primarily used by all Owasso citizens for uses such as hiking, strolling, nature.owalking, bicycling, jogging, kite-flying and picnicking. The vision is for the playground equipment to emphasize a friendly, relaxed atmosphere where all age groups can enjoy the outdoors. VI SPECIAl, The park land property shall be named by the City of Qwasso, Oklahoma as Preston Lakes Centennial P arlc. V NAME One Hundred Fifty Thousand Dollars and No/I00 ($150,000.00) provided for above. The provisions relating to payment of installments shall survive the closing and shall to the extent as provided for herein, constitute a continuing contractual obligation. Pete Kourtis, Member SELLER: Preston Lakes, L.L.C. The foregoing represents the entire agreement existing between the parties. No prior oral or written communications relating hereto or subsequent discussions pertaining hereto shall serve to vary the tenns hereof unless specifically reduced to writing or dually executed by the parties hereto. VIII ENTIRE AGREEMENT S 55028947P~ W A DISTANCE OF 172.73 FEET; THENCE S 85019~37" W A DISTANCE OF 119.35 FEET; THENCE N 75047'50" W A DISTANCE OF 107.26 FEET; THENCE S 52"01'22" W A DISTANCE OF 69.21 FEET; THENCE S 12"39'01" W A DISTANCE OF 78.27 FEET; THENCE S 19044'06" E A DISTANCE OF 86.32 FEET; THENCE S 6023'37" E A DISTANCE OF 74.75 FEET; THENCE S 9014'00" W A DISTANCE OF 98.80 FEET; THENCE N 89059'02" W A DISTANCE OF 46.48 FEET TO THE NORTHWEST CORNER OF THE E/2, NE/4, SE/4; THENCE S 0010'40" E AND ALONG THE WEST LINE OF SAID E/2, NE/4, SE/4 A DISTANCE OF 1232.63 FEET; THENCE S 56049'12" W A DISTANCE OF 1557.27 FEET; THENCE N 85016'33" W A DISTANCE OF 158.28 FEET; THENCE S 55056'35" W A DISTANCE OF 141.33 FEET; THENCE S 14032'33" W A DISTANCE OF 144.16 FEET; THENCE S 28021'42" E A DISTANCE OF 138.13 FEET; THENCE S 4046'34" E A DISTANCE OF 62.06 FEET; THENCE S 3007'18" E A DISTANCE OF 15.60 FEET; THENCE S 0024'29" E A DISTANCE OF 104.30 FEET TO A POINT LYING 50.00 FEET NORTH OF THE SOUTH THENCE If POINT OF BEGINNING". THENCE S 75016'45" W A DISTANCE 151.96 PARTICULARLY DESCRIBED FOLLOWS; COMMENCING FROM THE OF THE NORTHEAST QUARTER (NE/4), THENCE N 0012'02" W AND ALONG THE EAST LINE OF SAID NE/4 A DISTANCE OF 492.07 FEET; THENCE N 89059'02" WAND PARALLEL WITH THE SOUTH LINE OF SAID NE/4 A DISTANCE OF 50.00 FEET TO THE TOWNSHIP NORTH, RANGE 14 OKLAHOMA. BEING MORE L &M" QUARTER A TRACT OF LAND SITUATED IN THE SOUTH HALF (S/2) OF THE NORTHEAST QUARTER (NE/4) AND THE SOUTH QUARTER (SE/4) AND THE EAST HALF (E/2) OF THE PRESTON II ~ PARK AREA - TRACT B I I 'j :j I ! I I II II II II OJ I; " I! " I, I I I MORE NING INNING>>>>, D E NT AND ALONG SAID NORTH LINE OF THE 5/2, 5/2, NE/4 A DISTANCE OF 627.07 FEET TO A POINT 50.00 WEST OF THE NORTHEAST CORNER OF SAID 5/2, 5/2, NE/4; THENCE 5 0012' "E AND PARALLEL WITH SAID EAST LINE OF THE NE/4 A DISTANCE OF 1 TOTAL INSPECTIONS 416 Building 86 Mechanical 91 Electrical 142 Plumbing 64 Reinspection 33 Other Q N~MBER QEINSeECTIONS EO_R THE_MONTH $52,655.05 332 TOTAL PERMITS Permits Recreation Development 35 5,300.00 Sign Permits Issued 4 80.00 Reinspection Fees 0 0.00 Sewer Taps 36 14,400.00 Water Taps 11,500.00 Water Meter Deposits .Li00.0D Mechanical Permits 4,356.50 Economic Development Total Fees 7,043.55 42 Building Permits Issued BUILDINGJNSPECT/ONS DEPARTMENT REPORT FOR NOVEMBER 2003 o 3 o 4 49 2 3 o 38 34 1 1 1 5 o 76 4 6 44 20 75 66 8 24 13 o 3 9 13 22 38 42 1 67 5 '57 29 14 884 # AVAILABLE 2 1 2 16 o 4 4 SUBDIVISION Bailey Ranch Est (2/95) Bailey Ranch Est II (6/99) Barrington Point III (8/96) Bradfords at Silver Creek (2/98) Brentwood Estates (5/94) Brentwood Village (6/99) Broadmore Heights (10/92) Brookfield Crossing (11/02) Camden Park (1/94) Camden Park II (11/00) Central Park (2/95) Central Park II (7/97) Coffee Creek (04/01) Country Estates II (6/97) Country Estates III (3/99) Country Estates IV (4/00) Country Estates V (01/02) Country Estates VI (11/03) Double Oaks 1/ (8/92) Double Oaks III (8/93) Fairways at Bailey Ranch (8/95) Fairways II (1/97) Fairways III (3/99) Fairways III Extended (6/99) Fairways IV (5/98) Fairways IV Extended (6/99) Fairways V (8/99) Fairways VI (12/00) Garrett Creek (9/2003) Honey Creek (4/02) Metro Heights (11/01) Metro Heights II (6/02) New Brunswick (07/03) Nottingham Estates (11/94) Nottingham Estates II (3/97) Nottingham Estates III (9/99) Nottingham Estates IV (8/01) Nottingham Estates V (3/01) Preston Lakes (12/00) Preston Lakes II (12/01) Preston Lakes Amended (12/01) Sawgrass Park (01/02) The Summit at Southern Links (6/97) The Village at Silver Creek (09/02) Watercolors (12/02) The Willows at Silver Creek (1/00) TOTALS 39 45 92 191 58 158 149 3 21 62 79 79 43 28 65 16 27 22 9 136 44 18 29 46 12 14 7 22 234 78 29 111 26 5 11 70 2708 63 80 84 43 104 69 71 42 84 202 52 42 42 46 15 23 20 44 272 120 30 178 31 62 40 84 3592 45 96 101 193 61 158 187 37 CITY OF OWASSO RESIDENTIAL LOT INVENTORY STATUS November 30, 2003 # OF LOTS # DEVELOPED 118 116 133 132 30 67 51 60 83 51 64 .+ :=J 50 C 150 200 II Lots Developed 100 DTotal Lots 300 250 The Willows at Silver Creek (1/00) Watercolors (12/02) The Village at Silver Creek (09/02) The Summit at Soutllern Links (6/97) Sawgrass Park (01/02) Preston lakes Amended (12/01) Preston lakes II (12/01) Preston lakes (12/00) Nottingham Estates V (3/01) Nottingham Estates IV (8/01) Nottingham Estates III (9/99) Nottingham Estates II (3/97) Nottingham Estates (11/94) New Brunswick (07/03) Metro Heights II (6102) Metro Heights (11/01) Honey Creek (4102) Garrett Creek (9/2003) FailWays VI (12/00) FallWays V (8/99) FailWays IV Extended (6/99) FailWays IV (5/98) FallWays III Extended (6/99) FailWays III (3/99) Fairways II (1/97) FailWays at Bailey Ranch (8/95) Double Oaks III (8/93) Double Oaks II (8/92) Country Estates VI (11/03) Country Estates V (01/02) Country Estates IV (4/00) Country Estates III (3/99) Country Estates II (6/97) Coffee Creek (04/01) Central Park II (7/97) Central Park (2/95) Camden Park II (11/00) Camden Park (1194) Brookfield Crossing (11/02) Broadmore Heights (10192) Brentwood Village (6/99) Brentwood Estates (5/94) Bradfords at Silver Creek (2/98) Barrington Point III (8/96) Bailey Ranch Est II (6/99) Bailey Ranch Est (2/95) 1 o --, I i + I' Lot Inve~tory Status .. ....... - I ! ; : ; I -- . ! ::::::::l , ~ ~ ~ ........... I i I ..... ! ............. I ~ I I I I ~ I I I I I i I .. I I I i , I I CITY OF OWASSO -F No 117 EAve New 2/3/03 2/12/03 Yes A Cut Above the Rest 8805 N 145 EAve, #101 Relocate 2/4/03 2/10/03 Yes MARCH Roberts Engineering Office 8809 N 155 EAve New 3/5/03 3/7/03 Yes Kwik Kar Lube 8091 Owasso Expressway New Owner 3/7/03 3/8/03 Yes Oriental Pearl Restaurant 12140 E 96 St No, #100 New 3/6/03 3/20/03 Yes Oklahoma Baptist Home 7301 N 127 EAve New 3/11/03 3/10/03 Yes Subway 12140 E 96 St No, #110 New 3/11/03 3/19/03 Yes Daylight Donuts 12140 E 96 St No New 3/13/03 3/24/03 Yes Owasso Exp Office Center 7720 Owasso Expressway New 3/20/03 3/21/03 Yes Bell Granite & Marble 206-A E. 5th St New 3/28/03 4/1/03 Yes True Trust Mortgage 8805 N 145 EAve New 3/26/03 3/26/03 Yes APRIL Secret Gardens 12140 E 96 St No, #108 New 4/1/03 4/16/03 Yes Romeo's Pizza 12140 E 96 St No, #106 New 4/2/03 4/9/03 Yes Atlas Internet Solutions 8571 Owasso Expressway A New 4/4/03 4/7/03 Yes Owasso Public Schools 12901 E 86 St No New 4/9/03 4/21/03 Yes Industrial Consultants 8805 N 145 EAve, #107 & 108 New 4/7/03 4/8/03 Yes Vince Wiemer Office 121 South Main Street New 4/14/03 4/21/03 Yes Trails End Sport Cycles 8351 Owasso Expressway New 4/16/03 4/22/03 Yes Oriental Pearl Restaurant 12140 E 96 St No, #100 New 4/23/03 4/23/03 Yes MAY Case & Associates 8751 No 97 EAve, #800 New 5/1/03 5/1/03 Yes Case & Associates 8751 No 97 EAve, #900 New 5/1/03 5/1/03 Yes Case & Associates 8751 No 97 EAve, #1000 New 5/1/03 5/1/03 Yes Case & Associates 8751 No 97 EAve, #1100 New 5/1/03 5/1/03 Yes Case & Associates 8751 No 97 EAve, #1200 New 5/1/03 5/1/03 Yes Case & Associates 8751 No 97 EAve, #1300 New 5/1/03 5/1/03 Yes C & R Liquor 11230 N Garnett Rd New Owner 5/1/03 6/1/03 Yes Coldwell Banker 12416 & 18 E 86 St No New Location 5/4/03 5/1/03 Yes Green Country Urgent Care 8751 No 117 EAve, #H New 5/6/03 5/12/03 Yes Arvest Bank 11501 E 76 StNo New 5/23/03 9/2/03 Yes Shekinah Glory House of Prayer 11215 No Garnett, Suite A-1 New 1/3/03 2/1/03 Yes I<wik Nick's Convenience Store 9600 No Garnett New 1/7/03 1/21/03 Yes Owasso Family Church Daycare 507 E 2nd Ave New 1/14/03 2/17/03 Yes Kevin Fitch Office 12811 E 86 PI No, #107 New 1/20/03 1/20/03 Yes American Rent to Own 209 E 2nd Ave, #4 New 1/27/03 2/19/03 Yes Bronzie Tanz 12702 E 86 8t No New 1/29/03 2/10/03 Yes JANUARY 2003 APPLICATION OPENING COMPLETE DATE STATUS ADDRESS NAME OCCUPANCY PERMITS OCTOBER Scoops 12104 E 96 St No, #106 New 10/3/03 10/15/03 No 8th Grade Center Gym 13901 E86StNo New-Addition 10/13/03 10/17/03 No 1st Integrity Realty Group 11612 E 86 St No Expansion 10/13/03 10/13/03 Yes Allied Insurance Assoc. 8555 No 117 EAve, #103 New 10/15/03 11/2/03 Yes CJ's Western Wear 8787 Owasso Exp, #K & L New 10/16/03 10/29/03 Yes Triad Printing, Inc 12656 E 86 PI No New 10/26/03 11/17/03 No OWasso Public Schl-Kitchen 10221 E 96 St No New 10/27/03 10/20/03 No Today's Kid 12412 N 86 St No Relocation 10/28/03 10/23/03 Yes NOVEMBER The Tint Shop 7808 Owasso Exp New 11/11/03 '11/15/03 No Owasso Game Day Sportwear 12652 E 86 PI No New 11/12/03 11/19/03 No Advance America Cash Center 12332 E 86 St No New 11/13/03 11/20/03 No Car Spa of Owasso 7800 Owasso Exp, #A New 11/13/03 11/13/03 No Carbelo's Low Carb Foods 102 South Main New 11/18/03 11/24/03 No AUGUST American Airlines Federal C.U. 12411 E 96 St No New 8/1/03 9/10/03 Yes Ol<la Baptist Childrens Home 7301 N 127 EAve New 8/4/03 8/8/03 Yes Virgil's Small Engine Repair 308-0 E. 5th Ave New 8/11/03 8/15/03 Yes Check 'n Go 8787 OWasso Exp, G New 8/14/03 8/18/03 Yes Qwik Fix Computer Service 8361 OWasso Exp, D New 8/15/03 8/18/03 Yes LA Weight Loss 407 E 2nd Ave New 8/26/03 9/2/03 Yes Northeast Elementary 13650 E 103 St No Addition 8/13/03 8/21/03 Yes Moto Photo 11618 E86StNo New 8/21/03 9/22/03 Yes Kirby Agency 12811 E 86 PI No, #107 New 8/25/03 9/2/03 Yes Ear, Nose, Throat & Allergy Ctr 8231 Owasso Exp New 8/29/03 8/30/03 Yes SEPTEMBER Stached Motorsports 306 E 5th Ave New 9/5/03 9/9/03 Yes Tubby Oawgs 8521 N 129 EAve New 9/3/03 9/20/03 Yes ShapeXpress 8787 Owasso Exp, #J New 9/15/03 9/15/03 Yes Check First, Inc 10701-C E. 86 St No New 9/15/03 9/15/03 Yes Waffle House 503 E 2nd St New 9/23/03 9/27/03 Yes Owasso Staffing 117 -B South Main New 9/26/03 9/29/03 Yes Yes Yes Yes Yes 8/3/03 8/1/03 6/30/03 7/29/03 7/3/03 7/7/03 7/17/03 7/24/03 Chg of Owner New New New 12802 E 86 St No 8787 Owasso Exp 9700 N 119 EAve 9800 N 119 EAve Surcee Kenosha Fast Lube The Car Wash J I.} N2 -- Michael Intrieri Brokerage Firm 8805 N 145 EAve New 6/2/03 5/23/03 Yes Paradise Donuts 8513 N 129 EAve New 6/4/03 6/9/03 Yes Baptist Home Care Med Equip 208 E 5th Ave, #E New 6/13/03 6/16/03 Yes Coffee Creek Pool House 10221 N 143 EAve New 6/16/03 6/19/03 Yes Citi Financial 423 E 2nd Ave New 6/17/03 6/20/03 Yes Epiphany Church 11330 No Garnett Rd, #C & D New 6/19/03 7/6/03 No Children's Clinic of Owasso 8439 N 117 EAve New 6/20/03 6/30/03 Yes