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HomeMy WebLinkAbout2003.04.08_Worksession Agenda 3. Discussion Relating to Planning Items. A. Zoning Requests B. Right of Way Closure C. Easement Closure D. Other Items Mr. Moore Mr. Wiles Attachment #3 2. Discussion of Public Works Items A. Stormwater Management B. Other Items Mr. Can Attachment #2 1. Call to Order Mayor Helm AGENDA Notice and agenda filed in the office ofthe City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Friday, Aplil 4, 2003. Special April 8, 2003 6:00 p.m. Owasso City Hall Main Conference Room TYPE OF MEETING: DATE: TIME: PLACE: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL 7. Adjournment. 6. Report from City Manager A. Status of Negotiations B. Status of Budget Preparation for FY04 C. Status ofFY03 Finances and Impact on Cunent Budget D. Other Items 5. Discussion Relating to an lnterlocal Agreement Between the Cities of Collinsville Providing for the Use of Available Jail Space. Mr. Ray Attachment #5 4. Discussion Relating to Central Baptist Church Building Mr. Ray Attachment #4 Owasso City Council April 8, 2003 Page 2 "Phase II" cities and counties must develop a comprehensive Stormwater Management Program that addresses six "Minimum Control Measures" (MCMs). These are: STORMW A TER MANAGEMENT PROGRAM REQUIREMENTS: Owasso was not originally included, but was evaluated using secondary criteria, such as discharge to sensitive waters, high growth or growth potential, high population density, contiguity to an urbanized area and significant contribution of pollutants to waters of the United States. As a result of this evaluation, the City of Ow as so has been notified that the city meets the conditions to be designated as a regulated small MS4. Cities located within a U.S. Census Bureau Urbanized Area were automatically designated. Within the Tulsa Urbanized Area, such cities as Broken Arrow, Sand Springs, Jenks, Bixby and Sapulpa were designated. On December 8, 1999, EP A published final "Phase II" regulations and state regulatOlY agencies (which includes the Oklahoma Department of Environmental Quality (ODEQ)) were required to determine cities under 100,000 population and designate small MS4s that require permitting. The small MS4s are defined as those towns with at least 10,000 population and a minimum density of 1,000 people per square mile. In 1990 the U.S. Environmental Protection Agency (EPA) promulgated regulations for establishing water quality based municipal stormwater programs to address stonnwater runoff flom municipal separate storm sewer systems (MS4s) serving populations of 100,000 or greater. These "Phase I" regulations were incorporated into the existing wastewater treatment permits under National Pollutant Discharge Elimination System (NPDES) rules. As a result, urban runoff from storm events became regulated. BACKGROUND: Apri14, 2003 F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTOR TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO MEl\10RANDUM Work elements for FY03-04 have been tabulated and proposed costs identified. Elements are divided to identify regional activities by INCOG that would be allocated to Owasso and those activities that would remain solely the responsibility of Owasso. Projected costs of compliance for FY03-04 Phase II requirements are shown to be approximately $30,000. (A portion of the listed costs are already included in existing operational budgets (i.e., Recycle Center, Household Pollutant Collection events)). FY03-04 PROGRAM COSTS: As a result of these meetings, INCOG has prepared a tabulation of work tasks that will help implement many aspects of the Phase II requirements. Specific activities regarding public education, public participation, training of city personnel and regional data management and reporting are included (see attached estimated cost summary). As proposed, INCOG, working with other neighboring Phase II cities and counties, will provide regional services, many of which are listed as BMPs for each MCM. To aid in the transfer of information and explanation of the regulations to member communities, the Indian Nations Council of Governments (INCOG) assembled a Stormwater Management Steering Committee. Various meetings were held with interested communities and a regional perspective developed to approach the program requirements. The regional approach was encouraged by Owasso and Jenks in order to minimize duplication of effort, consolidate work items that would be required by all communities and enable data, information and resources sharing. STORMW A TER MANAGEMENT SJ'EERlNG COMMITTEE: the implementing a II Control Measure a Management constitute the core activities pertaining to each. The Phase regulations require that the regulated community submit a Notice of Intent (NOI) to apply for coverage under the Oklahoma Stormwater General Permit (OKR04) along with a Stormwater Management Program document (SWMP) that specifies for each MCM what activities will be performed, measurable goals, implementation schedules and estimated annual costs. An Annual Report is to be submitted to the ODEQ that documents implementation and BMF effectiveness under each of the six MCMs. i!l Public Education and Outreach i!l Public Participation and Involvement i!l Illicit Discharge Detection and Elimination i!l Construction Site Stormwater Runoff Control i!l Post Construction Management in New Development i!l Pollution Prevention and Good Housekeeping Page 2 Stormwater Management Program 1. Storm Water Phase II Letter of Designation from DEQ dated December 9, 2002 2. Storm Water Phase II Final Rule - Small MS4 Storm Water Program Overview (EPA Fact Sheet 2.0) 3. Estimated Costs for Phase II Program for FY03-04 ATTACHMENTS: Details of the fee structure and the ordinance establishing the fee are being developed at this time. It is expected a proposal will be made in early May for Council consideration. A total of $180,000 is proposed in the FY03-04 budget. Beyond the FY03-04 budget year, however, additional Phase II Best Management Practices and stormwater system improvements identified in the master plan capital improvements program will be needed on an on-going basis. Therefore, a stormwater management fee is being proposed, which would be included for the first time in the FY03-04 budget as a means to fund the program requirements. POTENTIAL FUNDING SOURCE~ In addition to the above, development and performance of a comprehensive Stormwater Master Plan is proposed. The plan is a critical element in data collection and is needed in portions of the Phase II program. Cost of preparing the master plan has been included in the FY03-04 Public Works Depaxtment Engineering Division budget in the amount of $150,000. The plan is intended to include, but not be limited to, stormwater collection system mapping, drainage area determination, projections stormwater quantities by drainage basin, assessment of needed a Page 3 Stormwater Management Program prlntod on rocyclod popor willi BOY Inl, n q'l3~i 707 NORTH ROBINSON, P.O. BOX 1677, OKlAHOMA CIlY, OKlAHOMA 73101-1677 The DEQ has completed its review ofthose cities located outside of an UA. We have determined that the City of Ow as so meets the conditions to be designated as a regulated small MS4. This letter constitutes your notice that the City of Owasso will be required to obtain a small MS4 permit. DEQ is cunently developing a general permit for this purpose. After that pennit is finalized, you must submit your application by June 9, 2003. The Storm Water Phase II rules required evaluation of those cities, outside of an UA, with a 2000 Census population greater than 10,000 with a density of greater than 1,000 people per square mile. These cities were evaluated by criteria including discharge to sensitive waters, high growth or growth potential, high population density, contiguity to an urbanized area, significant contribution of pollutants to waters ofthe United States. Small MS4s are defined as those towns with at least a 10,000 population and a minimum density of 1,000 people per square mile or those MS4s, that are not regulated under the Phase I rules, located in an Urbanized Area. The regulations created two methods on determining what Small MS4s need to be permitted. Those cities that are located within an US Census Bureau Urbanized Area (VA) are automatically designated and are required to apply for a permit by March 10,2003. The second method is for the Department of Environmental Quality (DEQ) to examine and designate those small MS4s that are located outside of an Urbanized Area. According to the 2000 US Census City of Owasso has a population of 18,502 and a density of 1753.74. On December 8, 1999 the EPA published the Storm Water Phase II final rules. Phase II included several changes to the stonn water program across the state. Under the new Phase II rules regulatory agencies were required to determine and designate those small Municipal Separate Storm Sewer System (MS4) that required permitting. Dear Mr. Brogdon Stonn Water Phase II, Letter Designation 180 Oklahoma 74055..0180 Randy Brogdon Mayor December 9,2002 FRANK KEATING Governor OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY OKIAHOM;\ prI'MJM[lH Of WVlkONMfN1Al QUIIlIIY STEVEN A. THOMPSON Executive Director cc. Robert Carr, Public Works Director, City of Ow as so SW /MDIBRJsw Mark Derichsweiler, Engineering Manager Watershed Planning and Storm Water Permitting Water Quality Division ,~ Sincerely, If you have questions or need additional infonnation, feel free to contact Stephen Weber at (405) 702-8194 or by emaiI atStc12hen.WcbCJ:@)dccptate.ok.us A Copy oi'the Phase II Designation Final Report and an ErA Fact Sheet on the small MS4 program are enclosed. ,')'/or/ll Wole,. Pilose II. !,c(/a rd"f)csigl/o/iol/ Pg. 2 Scoring: l!l Population - 1 point for every 10,000 people (rounded up to the nearest 10,000). l!l Density - I point for every 100 density increase above 1,000 (rounded up to the nearest 100). l!l Previous change (Percent) - 2 points for between 0 and 1 percent. 3 points for changes of 1-10%. 4 points for changes of 10-15%. 5 points for changes of 15- 20%. 6 points for changes of20-25%. 7 points for changes of25-30%. 8 points for changes of 30-35%. 9 points for changes of 35-40%. 10 points for 40+% @ Land Size - 5 points if Corporate Land Area is 10-50% larger than what is necessary to obtain a 1,500 density. 10 points if Corporate Land Area is 50+% larger than what is necessary to obtain a 1,500 density. @ Contiguity to an Urbanized Area - 15 points if directly adjacent. 10 points if the city boundaries are within 2 miles of an UA. 5 points if the city boundaries are within 5 miles of an UA. @ 303(d) listed streams - 20 points if the town would directly discharge to the listed stream. 10 points if the town is within 5 miles ofthe listed stream. @ HQW, ORW, SWS, Scenic River or ORW/SWS watersheds - 20 points if the city would discharge directly to a HQW, SWS, or Scenic River. 20 points if the city is located within a SWS watershed. 25 points if the city would discharge directly to an ORW or is located within an ORW watershed. ("100) TOTAL: l!l HQW, ORW, Scenic River, SWS, or ORW/SWS Watersheds (25) Discharge or Potential Discharge to Sensitive Waters l!l 303(d) listed streams for Storm Water related pollutants (20) Contiguity to an Urbanized Area (15) (10) @) Corporate Land ( Hi) \'V High Growth or High Growth Potential @) Change from Previous (10) Density ( 10) Population Small MS4 Grade Sheet OWt15SO The Phase Il Rule defines a small MS4 storm water management program as a program comprising six clements that, when implemented in conceit, are expected to result in significant reductions of pollutants discharged into receiving waterbodics. Implementation of the MEP standard will typically require the development and implementation ofBMPs and the achievement of measurable goals to satisfy each of the six minimum control measures. operators of regulated small MS4s are required to design their programs to: o Reduce the discharge of pollutants to the "maximum extent practicable" (MEP); o Protect water quality; and o Satisfy the appropriate water quality requirements of the Clean Water Act. What Are the Phase II Small MS4 Program Requirements? Asmall MS4 is any MS4 not already covered by the Phase I program as a medium or large MS4. The Phase II Rule automatically covers on a nationwide basis all small MS4s located in "urbanized areas" (VAs) as defined by the Bureau of the Census (unless waived by the NPDES permitting authority), and on a case-by-case basis those small MS4s located outside ofDAs that the NPDES permitting authority designates. For more information on Phase II small MS4 coverage, see Fact Sheets 2. I and 2.2. What Is a Phase n Small MS4? In 1990, EP A promulgated rules establishing Phase I of the National Pollutant Discharge Elimination System (NPDES) storm water program. The Phase I program for MS4s requires operators of "medium" and "large" MS4s, that is, those that generally serve populations of 100,000 or greater, to implement a storm water management program as a means to control polluted discharges from these MS4s. The Storm Water Phase II Rule extends coverage of the NPDES storm water program to certain "small" MS4s but takes a slightly different approach to how the storm water management program is developed and implemented. Polluted storrn water runofT is often transported to municipal separate storm sewer systems (MS4s) and ultimately discharged into local rivers and streams without treatment. EPA's StOlID Water Phase II Rule establishes an MS4 storm water management program that is intended to improve the Nation's watelways by reducing the quantity of pollutants that storm water picks up and carries into storm sewer systems during storm events. Common pollutants include oil and grease from roadways, pesticides from lawns, sediment from construction sites, and carelessly discarded trash, such as cigarette butts, paper wrappers, and plastic bottles. When deposited into nearby waterways through MS4 discharges, these pollutants can impair the waterways, thereby discouraging recreational use of the resource, contaminating drinking water supplies, and interfering with the habitat for fish, other aquatic organisms, and wildlife. r r II torm Final ha r at EPA 833-F-00-002 January 2000 Fact Sheet 2.0 Office of Water (4203) United States Environmental Protection Agency 3.1 - Construction Rainfall Erosivity Waiver Industrial "No Exposure" 4.0 - Conditional No Exposure Exclusion for Industrial Activity 2.9 - Permitting and Reporting: The Process and Requirements 2.10 - Federal and State-Operated MS4s: Program Implementation Construction Program 3.0 - Construction Program Overview 2.3 - Public Education and Outreach 2.4 - Public Participation! Involvement 2.5 - Illicit Discharge Detection and Elimination 2.6 - Construction Site Runoff Control 2.7 - Post-Construction Runoff Control 2.8 - Pollution PreventionlGood Housekeeping Minimum Conlfol Measures Small MS4 Program 2.0 - Small MS4 Storm Water Program Overview 2.1 - Who's Covered? DeSignation and Waivers of Regulated Small MS4s 2.2 - Urbanized Areas: Definition and Description Overview 1.0 - Storm Water Phase II Final Rule: An Overview Storm Water II Final Rule Fact Sheet l&. Storm Water Phase II Final Rule (64 FR 68722) Internet: www.epa.gov/owm/sw/phase2 Contact the U.S. EPA Water Resource Center Phone: 202 260-7786 E-mail: center. water-resouree@epa.gov Contact l&' U.S. EP A Office of Wastewater Management Phone: 202260-5816 E-mail: SW2@epa.gov Internet: www.epa.gov/owm/sw/phase2 Reference Documents l&' Storm Water Phase II Final Rule Fact Sheet Series Internet: www.epa.gov/owm/sw/phase2 For Additional Information Pennittees need to evaluate the effectiveness of their chosen BMPs to determine whether the BMPs are reducing the discharge of pollutants from their systems to the "maximum extent practicable" and to determine if the BMP mix is satisfying the water quality requirements of the Clean Water Act. PeImittees also are required to assess their progress in achieving their program's measurable goals. While monitoring is not required under the rule, the NPDES pennitting authority has the discretion to require monitoring if deemed necessary. If there is an indication of a need for improved controls, pennittees can revise their mix of BMPs to create a more effective program. For more information on program evaluation/assessment, see Fact Sheet 2.9. What Kind of Program Evaluation/Assessment Is Required? Fr. he mle identifies a number of implementation options for . regulated small MS4 operators. These include sharing responsibility for program development with a nearby regulated small MS4, taking advantage of existing local or State programs, or participating in the implementation of an existing Phase I MS4's storm water program as a co-pelmittce. These options are intended to promote a regional approach to storm water management coordinated on a watershed basis. What Are the Implementation or NOI, its chosen BMPs and measurable goals for cach minimum control measure. To help pcrmittees identify the most appropriate BMPs for their programs, EP A will isslle a "menu," ofBMPs to serve as guidance. NPDES permitting authorities can modify the EP A menu or develop their own list. For more infommtion on application requirements, see Fact Sheet 2.9. The Phase II program for MS4s is designed to accommodate a general permit approach using a Notice of Intent (NOI) as the permit application. The operator of a regulated small MS4 must include in its permit application, What Information Must the NPDES Permit Application Include? CD Pollution Prevention/Good Housekeeping Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include municipal staff training on pollution prevention measures and techniques (e.g., regular street sweeping, reduction in the use of pesticides or street salt, or frequent catch-basin cleaning). Post-Construction Runoff Control Developing, implementing, and enforcing a program to address discharges of post-construction storm water runoff from new development and redevelopment areas. Applicable controls could include preventative actions such as protecting sensitive areas (e.g., wetlands) or the use of structural BMPs such as grassed swales or porous pavement. Construction Site Runoff Control Developing, implementing, and enforcing an erosion and sediment control program for constmction activities that disturb I or more acres of land (controls could include silt fences and temporary storm water detention ponds). Illicit Discharge Detection and Elimination Developing and implementing a plan to detect and eliminate illicit discharges to the storm sewer system (includes developing a system map and informing the community about hazards associated with illegal discharges and improper disposal of waste). Public Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representatives on a storm water management panel. Public Education and Outreach Distributing educational materials and perfOlming outreach to infOlID citizens about the impacts polluted stOlm water runoff discharges can have on water quality. The six MS4 program elements, tem1ed "minimum control mcasllres:' are outlined below. For more infonnation on each of these required control measures, see Fact Sheets 2.3 - 2.8. 1'1Ige 2 Fact Sheet 2.0 - An Overview of the Small MS4 Storm Water Program ~ _,~ -------- ",ut .4- $100 $0 $150 $0 $50 $100 $200 $0 $200 $0 $1,200 $0 $300 $0 $300 $0 $300 $0 $2,800 ~ $100 :=J INCOG Contract Est, Local Costs $200 $0 $200 $0 $100 $0 $200 $0 $400 $0 $500 $0 $0 $100 $100 $0 $500 $0 $400 $0 $400 $0 $500 $0 $300 $0 $3,800 J~~ $100 I INCOG Contract Est. Local Costs $200 $0 $200 $0 $200 $0 $200 $0 $200 $0 $150 $0 $100 $0 $0 $0 $1,500 $0 $0 $260 $50 $100 $700 $0 $500 $0 $500 $0 IV. ADMINISTRATION. REGIONAL SUPPORT Host regional Stormwater Ordinance Work Group Assist with adoption of illicit discharge ordinance Assist with adoption of construction ordinance Assist with adoption of post-construction ordinance Develop program to receive information from the public Help modify site plan review process for water quality Support regional agency-sponsored seminar City Personnel (total of all manpower, fringe and indirects) Cost: Contract to create regional database Cost: Annual ODEQ Phase II General Permit Fee Cost: Misc. administrative supplies Manage regional data / evaluate BMPs Prepare regional portions of Annual Report Assist with preparation of Annual Report SUB-TOTAL:! SUB-TOTAL:[~ 1110 MAPPING. REGIONAL DEVELOPMENT Host Regional Mapping Work Group Evaluate GIS capabilities, goals, current resources Assist with purchase of GIS hardware / software Create regional naming / coding system for features Collect local and regional existing map data Collect local and regional pollution data Cost: Misc. administrative supplies Cost: Purchase hardware / software / data Assist city with locating Outfalls Assist city with defining Priority Areas Create and maintain regional data repository Assist with local map production Facilitate sharing of map data with other cities Ii. TRAINiNG PROGRAMS Cost: Purchase modules, CDs, videos, etc. Cost: Print and duplicate quantities Cost: Misc. administrative supplies "Localize" modules for city Create training schedules Conduct training using modules Create database and track training Collect data on MCM activities / evaluate Measurable Goals Summarize data for Annual Report Est. Local Costs $0 $0 $0 $100 $0 $0 $0 $0 INCOG Contract $'100 $100 $1,200 $50 $100 $300 $200 $300 City of Owasso I. BROCHURE DEVELOPMENT / DISTRIBUTION Select types of brochures Acquire brochure art Cost: Print brochures Cost: Misc. administrative supplies Create distribution schedule Distribute brochures Create inventory and track distribution Collect data on MCM activities / evaluate Measurable Goals Summarize data for Annual Report ESTIMATED COSTS FOR PHASE II PROGRAM: For FY~2004 Budget Cycle Green text represents purchases $0 $0 L $3()o Est. Local Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $500 $300 $6,900 $0 $0 $0 $0 $0 $0 $0 $0 $0 $7,000 $14,700 --.J Est. Local Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $12,480 $12,480 Est. Local Costs $27,840 ] I --L $53,320 $0 $700 $5,200 INCOG Contract $100 $200 $300 $300 $200 $200 $200 $200 $100 $'100 $100 $200 $500 $500 $400 $0 $0 $0 $200 $800 $250 $700 $0 $200 $0 $180 $1,500 $0 . ~ $7,430 ~ INCOG Contract $200 $200 $500 $300 $300 $300 $300 $100 $300 $500 $300 $300 $0 $0 $0 $0 $3,600 INCOG Contract $25,480 TOTAL: [ VI. TOTAL PROGRAM COSTS VI. INSPECTIONS. REGIONAL SUPPORT Assist with designing the inspection program scope Assist with developing forms and acquiring resources Help prepare maps and determine priority areas Help identify facilities and collect facility data Collect existing local and regional pollution data Create regional database for data exchange and reporting Assist with developing source tracking inspection program Assist with obtaining professional services for inspections Coordinate sharing of inspection data between cities Assist with analysis and management of data Collect data on MCM activities / evaluate Measurable Goals Summarize data for Annual Report Cost: Purchase electronic equip. (laptop, GPS, etc.) Cost: Purchase sampling equip. (Hydrolab, field kits, etc.) Cost: Annual payment on vehicles Cost: Professional inspection services for source tracking SUB-TOTAL:! SUB-TOTAL:! Discuss Phase" in city council meetings Cost: Develop and maintain regional stolTnwater web site SUB-TOTAL:[ V. COMMUNITY. PUBLIC PARTICIPATION Assist city with sponsorship of local clean-up events Create display board for public meetings Create signs for community education Create signs for city work areas Coordinate Blue Thumb school presentations Coordinate Blue Thumb volunteer stream monitoring Coordinate Blue Thumb stormdrain marking Coordinate Blue Thumb stream cleanup events Assist with advertisement of events Help City promote household pollutant collection events Help City promote use of recycling centers Develop items with water quality logos for distribution Collect data on MCM activities / evaluate Measurable Goals Summarize data for Annual Report Cost: Blue Thumb administrative costs Cost: Trash disposal cost for local cleanup events Cost: Advertising costs for all stormwater issues Cost: Cost for citizen use of Pollutant Collection Events Cost: Purchase of "give-away" items for local events Cost: Blue Thumb supplies for chemical monitoring ($800/site) Cost: Blue Thumb school presentations ($150/3 schools) Cost: Blue Thumb stormdrain marking ($7 or $3.5 /rnarker) Cost: Blue Thumb volunteer monthly Newsletter ($i80/city) Cost: Blue Thumb Business Partners Newsletter ($100-400/city) Cost: Blue Thumb Display board ($200/event) Cost: Blue Thumb biological monitoring ($180/site) Cost: Blue Thumb supplies for stream cleanup ($1500/site) Cost: Recycling center costs Composed of traditional single family detached housing. Serve as transition zones between higher intensity uses and rural residential. Suited to areas that contain or are projected to contain municipal sewer service. LOW DENSITY RESIDENTIAL (2 - 5 dwelling units per acre) Excerptfrom the Owasso 2010 Master Plan: The land use description related to low-density residential in the Owasso Master Plan IS comprised of three components. The components are listed below: The Owasso 2010 Master Plan identifies the subject property as having a future land use of low- density residential. The applicant is proposing a zoning classification that is considered high density in nature. This high-density zoning classification would seem to be inconsistent with the future land use; however staff finds the disagreement in designation to merely be a matter of semantic disagreement rather than one of substance. ANALYSIS: The subject site receives residential water service from Washington County Rural Water Distlict #3. Residential sewer service will be provided by the City of Ow as so. The applicant is proposing to rezone the subject property from AG (Agricultural General District) to RS-3 (Residential Single Family High Density District) for the purpose of completing Country Estates VI, a residential subdivision. A general area map and a complete legal description have been attached for your information and review. The City of Owasso has received a request from DG&S Properties for the review of a rezoning for approximately 11.33 acres, more or less. The subject property is located on the west side of N. Garnett Rd., approximately 2,640 feet north of the E. 116th St. N. and N. Garnett Rd. intersection. BACKGROUND: ROBERT MOORE CITY PLANNER THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. General Area Map. 2. OZ 03-02 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. ATTACHMENTS: Upon Planning Commission approval, the item will be scheduled for the April 15, 2003 regularly scheduled City Council meeting. The rezoning request will be heard by the City of Planning Commission on Monday, April 7, 2003. Staffwill recommend approval of the request. PLANNING COMMISSION: The rezoning was reviewed at the March 26, 2003 regular meeting of the City Owasso Technical Advisory Committee. Staff or utility providers provided no comments. not at April 2003 has received no calls or anticipate public opposition concerning the Meeting. The Country Estates VI preliminary plat is to also be heard on the April 7, 2003 agenda and is comprised of the area to be rezoned in this application. The Country Estates VI preliminary plat proposes a density of 3.26 dwelling units per acre, which is well within the stated density discussed in the Owasso 2010 Master Plan. FUlthermore, the plat proposes traditional single family detached housing with residential sewer service available on site. Therefore, based on the above definitions and the proposed density of the Country Estates VI preliminary plat, staff finds that the rezoning request is consistent with the Owasso 2010 Master Plan. ope MEETfNG DA TE__~_ ___. APPROVED~_DE;\ll:D _~_ __ SUB1\IITT AL Dr\TE FEE RECEiPT ~U;Y[BER_ Fee Schedule O. 0<;9 ~crl:$ $75 l- 499 acres 100 5-1999 ;Jeres 150 20 + acres 20U Please ~ubnJ[[ the completed applicarion [01111 and appticatiOI1 ke alon~ with a Cert\1ieo 100' Radius Repol'c (JV;lj!,\lI.,: (.<)111 an ,c\bsrfact Company) to the Owusso City P13nner on or before the Planlllng CQmfui,Slon submirt<ll deadline as sht)wjJ on the official City OfOW3,;:SO calendar. The applicant and/or the lippliclHlt', consu!UrH should attend the PI..lllJling Commission meeting,;: at which the SlJrf'l~me!Jt::d Zonilij:, vvill t't I<:dn'td. DATE ~./'7#o3 ---..= ~... f DO HEREin CERTIFY THATTHI:: lr'lfORV1ATlOi'i HEREIN Sl'Bt>1iTTE:l> 1:-; COI\1I'l.fTV. Tflllt ANI) A.CCtlrVI.TE .......~~~ i\dJrc'iS or .~C'~ler:l LO(':JliOr1 of Subj~c[ ?fllpcr".) S'~') <<I:. _~___~_.____ ______ Nill11e OrpcrS\lrl 10 be billed for p\lblicallOil 1_[,110n:_ ____ M~illr1g Address :\; .;ppl,(anl, wh;J{ 1$ fOUl lnl<:rC'SI In thiS property') OPre:;e(}{ Owucr OAgenl for Owner OPurcha:;er DOlnt:r DAttDrn~:.. t"c>r Owner --------.- ---~~~.........=- '--~-~."-'--~~~~-~ i'-'J:~': d:ld /\JUfCS~ oj" Record 0" ncr ~--~--~-----=>.~.~-~-~------ -~-~~~.....~-, LEGAL OESCRIPTfON OF L/\';'\D UNDER APPLlCA TIOr'! (ICby metes and b\)\Jl1ds, ;1tta~11 pl~r \)( S I(,ey) _ "'5[;_t;~brrTA-cHE~___~__ .___~ ________._ ___. GEi'iCR;"\L LOlA 1 PRESt:NT PROPOSED ZON IVO/Z rJ../ fON ~"~..:J -~= <>=.._~ PO l3UX I~() OWASSO. OKLAHOMA 7'1():i' (<Ji~) 272.::2> FAX ('1,1,27>;;')' ...//~ /; :%=-':'~ " II ~ /. '.;-;-;'-.'-- .~e.~ <I. . ". \ .. '\ " / f . ';. f....~ .c~, \ ,It,' \ .. - )'. ~,! '" \ I I \ ,....<._~J""'" \ \ \ " ..'f' \i1 ')'" ,\ ,',~ -; j " ,..,>,.' Jf '~""'/ , .' ,/ .-- .,to. ~(, /' ,I '>.~~~:../../' ell'}' OF OJY 4.SS() r- ----I I oz.L?3;:::~c.:~?- -~~'~.--._- -"""-"-'---' p, " 918 37G 1597 OwassoCommunlt~Developmnt .)~ln 1''::; en 04: 53p In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. 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. To be considered is a rezoning of approximately 11.33 acres, more or less from AG (Agricultural General District) to RS-3 (Residential Single Family High Density District). The property is further described as lying on the west side of N. Garnett Rd. approximately 2,640 feet north of the N. Garnett Rd. and E. 116th St. N. intersection, Owasso, OK. COMMENCING AT THE SE CORNER OF THE SE/4 OF SAID SECTION 6; THENCE NOoo05'14"E ALONG THE EAST LINE OF SAID SE/4, A DISTANCE OF 2,560.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH ALONG SAID EAST LINE, A DISTANCE OF 70.48 FEET TO THE SE CORNER OF THE NE/4 OF SAID SECTION; THENCE NOoo05'19"E ALONG THE EAST LINE OF SAID NE/4, A DISTANCE OF 558.01 FEET; THENCE N89039'43"W, A DISTANCE OF 485.00 FEET; THENCE NOoo05'08"E, A DISTANCE OF 100.00 FEET; THENCE N89039'43"W, A DISTANCE OF 176.76 FEET; THENCE SOoo06'48"W, A DISTANCE OF 634.24 FEET; THENCE SOoo01'50"W, A DISTANCE OF 294.08 FEET; THENCE S89041 '20"E, A DISTANCE OF 300.00 FEET; THENCE NOoo04'37"E, A DISTANCE OF 199.62 FEET; THENCE S89040"22"E, A DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 11.33 ACRES, MORE OR LESS. place, will to classification of the following described property: Notice is hereby given that a public hearing will held before Phuvming Commission, the Community at 7:00 on APPJ-oIICATION: OZ-OJm.02 NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OW ASSO, OKLAHOMA Robert Moore City Planner at A map showing the proposed rezoning accompanies this notice. more infonnation on the rezoning contact Hall, 111 N. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be detenruned by the Council, said information to be available fi.om the Owasso City Planner. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the The propeliy is further described as lying on the west side ofN. Garnett Rd. approximately 2,640 feet north of the N. Garnett Rd. and E. ll6th St. N. intersection, Owasso, OK. COMMENCING AT THE SE CORNER OF THE SE/4 OF SAID SECTION 6; THENCE NOoo05' 14"E ALONG THE EAST LINE OF SAID SE/4, A DISTANCE OF 2,560.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH ALONG SAID EAST LINE, A DISTANCE OF 70.48 FEET TO THE SE CORNER OF THE NE/4 OF SAID SECTION; THENCE NOoo05'19"E ALONG THE EAST LINE OF SAID NE/4, A DISTANCE OF 558.01 FEET; THENCE N89039'43"W, A DISTANCE OF 485.00 FEET; THENCE NOoo05'08"E, A DISTANCE OF 100.00 FEET; THENCE N89039'43"W, A DISTANCE OF 176.76 FEET; THENCE SOoo06'48"W, A DISTANCE OF 634.24 FEET; THENCE SOooOl '50"W, A DISTANCE OF 294.08 FEET; THENCE S89041 '20"E, A DISTANCE OF 300.00 FEET; THENCE NOoo04'37"E, A DISTANCE OF 199.62 FEET; THENCE S89040'22"E, A DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 11.33 ACRES, MORE OR LESS. A TRACT OF LAND IN A PART OF THE E/2 OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE & MERIDIAN, CITY OF OW ASSO, TULSA COUNTY, STATE OF 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, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the ih day of April, 2003. At that time and place, the Owasso Planning Commission will consider a request from DG&S Properties, applicant/owner, for a proposed change of the zoning classification of approximately 11.33 acres, more or less from AG (Agricultural General District) to RS-3 (Residential Single Family High Density District). The subject property is described as follows: y'/~~-;;:~0. /...~~" y'Q'/~,:.::,,,, I~/ \"~ \. ::. \:1".. \ .f *. 7.' \\:.~.~. '-'::;;.\9\';*"\ r \ \, ,~1t \'-:; , , ~"\ \I.~_'f/ " \ \ \ '-~'. >' J \"~.~~i~~,/ 111 North l\-Iain Street Box 180 (918) 376-1540 (918) 376-1597 City of O}~9asso Department of COlnmunity DevelopJ11ent Robert Moore City Phumer 2003, at Information and maps showing the property location may be inspected in the office of the City Plaw.'1er, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376",1543. This is your only personal notification of this request. Owasso Planning Commission at the scheduled public hearing by the Community Development Staff The Owasso 2010 Master Plan gives authority to develop and implement the Downtown Development District Plan. The Master Plan attempts to identifY several issues or areas related to the downtown development district. In identifYing issues, the plan outlines an action statement and a plan to implement those actions. Of all the issues addressed by the plan, staff would like to turn our attention to Issue #6. The Owasso 2010 Master Plan identifies the subject property as having a future land use of low- density residential. The applicant is proposing a zoning classification that is considered commercial in nature. Although the approval of this request would seem to be inconsistent, the approval of the Owasso Downtown Development District Plan should take precedence over the Owasso 20 10 Master Plan. The request is, in staff's opinion, consistent with the Owasso Downtown Development District Plan and should not be considered inconsistent by Master Plan standards. ANALYSIS: Upon construction, the subject site would receive commercial water service from the City of Owasso. Commercial sewer service will be provided by the City of Ow as so as well. The applicant is proposing to rezone the subject property from RS-3 (Residential Single Family High Density District) to CG (Commercial General District) for the purpose of locating a lawn care and landscaping office. A general area map and a complete legal description have been attached for your infommtion and review. The City of Owasso has received a request from Scott Moody for the review of a rezoning for approximately .32 acre, more or less. The subject property is located at the southwest comer of the S. Birch St. and E. 3rd Ave. intersection. BACKGROUND: ROBERT PLANNER THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM The primary emphasis in this area should be to retain and encourage a mixture oj uses that continue to provide a variety oj employment opportunities, products and services. The uses in this area are important because they add to the diversification oj the downtown area. Potential redevelopment may occur opportunistically as the business market and economy dictate. Excerpt(s) from Section 4.5, Owasso Downtown Development District Plan: Assuming the above assertion to be true, the discussion should now focus on the land use designation listed in the Owasso Downtown Development District Plan. The plan calls for a mixture of uses in the area of this request. The site is labeled as having a land use of light industrial, warehousing and/or City services. Section 4.5 Owasso Downtown Business Park, governs the future land use of this site. Although the portions of the action plan may not directly affect the recommendation of this item, Issue #6 gives sweeping authority to the City of Owasso to develop and implement a downtown plan. This authority however, does not speak to situations arising from a land use designation in the Owasso Downtown Development District Plan that is inconsistent with the Owasso 2010 Plan. The authority is given only to develop, approve and implement a downtown plan. Issues arising from concerned surrounding property owners should have been addressed at the time of the adoption of the Downtown Plan, not as staff is attempting to implement the plan through appropriate rezoning requests. Therefore, staff suggests that the land use designation delineated in the Owasso Downtown Development District Plan would and more importantly, should supercede the Owasso 2010 Master Plan designation. Determine the extents oj what should be considered a downtown or affected landowners, downtown citizens, and staff' to a course oj action. Commission a planning study to assess all possible opportunities and constraints oj downtown which could include: overlay zoning controlling landscaping and architecture, extension oj N. pt St. to the service road, and a tax increment financing district to provide junding jor public improvements. Consider the option oj allowing a college design studio class to take on the downtown area as a class project. Develop an overlay zone to assure proper architecture is being considered Action Statement: Develop a downtown district plan. Issue #6 A deteriorating and distressed downtown area. Excerpt(s) from the Owasso 2010 Master Plan: 1. General Area Map. 2. OZ 03-03 Application. 3. Legal Notice. 4. Letter to Sun"ounding Property Owners. ATTACHMENTS: Upon Planning Commission approval, the item will be scheduled for the April 15, 2003 regularly scheduled City Council meeting. The rezoning request will be heard by the City of Owasso Planning Commission on Monday, April 7, 2003. Staff will recommend approval of the request. PLANNING COMMISSION: The rezoning was reviewed at the March 26, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNIC.AL ADVISORY COMMITTEE Staff has received several phone calls in opposition of the request. Additionally, staff made copies of the required legal notification, site maps and copies of the Downtown Development District Plan available to concerned area residents. Staff does anticipate several public statements in opposition of the request for a CG (Commercial General District) zoning designation at the April 7,2003 Planning Commission Meeting. Staff feels that land use implementation strategies in this area should support the retention and development of a mixture of uses, business products and services. Mr. Moody's application is requesting a zoning classification that would accommodate a lawn care and landscaping business; a use which has not and is not currently represented in the downtown area. Therefore, staff can come to only one request by is with stated intent and purpose should a recommendation. The relocation oj residents to more stable and viable living environments (such as north oj 76th Street) would provide the opportunity to assemble land, concentrate complementary uses and enhance the business environment in Owasso. I, GENE R. BROOKES OF ST. ANDREWS CIR., ALLOW T MOODY REPRESENT ME DURING REZONING PROCEEDINGS FOR PROPERTY DESCRIBED 1 BLOCK 30 ORIGINAL TO WHOM IT MAY CONCERN, February 20, 2003 Dated at Owasso, Oklahoma, this 6th day of March, 2003. ~ --? L-/4t'( Robert Moore City Planner A map showing the proposed rezoning accompanies this notice. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1543. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be detennmed by the Council, said infonnation to be available from the Owasso City Planner. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. 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. To be considered is a rezoning approximately .jL acre, more or less from RS-3 (Residential Single Family lIigh Density District) to (Commercial General District). The property is further described as 304 S. Birch St., Owasso, OK. Lot 1, Block 30, Original Town of Owasso, An Addition to the City of Owasso, Tulsa County, State of Oklahoma. will place, Notice is hereby given that a public hearing will held Planning CmYlJTIission., in Comr:iJ.upity OkJahoma, at 7:00 on APPLICATION: NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OW ASSO, OKLAHOMA Robert Moore City Planner Sincerely, ~ Dated at Owasso, Oklahoma, this 6th day of March, 2003. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376-1543. This is your only personal notification of this request. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Depmiment, PO Box 180, Owasso, OK 74055. These comments will be presented to the Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. The property is further described as 304 S. Birch St., Owasso, OK. Lot 1, Block 30, Original Town of Owasso, An Addition to the City of Owasso, Tulsa County, State of Oklahoma. Notice is hereby given that a public hearing will be held before the Owasso. Planning Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the ih day of April, 2003. At that time and place, the Owasso Planning Commission will consider a request from Scott Moody, applicant, on behalf of Gene Brooks, owner for a proposed change of the zoning classification of approximately .32 acre, more or less from RS-3 (Residential Single Family High Density District) to CG (Commercial General District). The subject property is described as follows: ,~~~~ ~;:~;,:-" - OJ ~'\ -'-......0 ' . ""/ I" ,. ;,>, \" '. (~r (\~.'=~.~{J \r;:.~*..\ \ ' -' .fI'. \.~ -I) , . \'~ "I : \~~~i (918) 376.-1540 (918) 111 North Main Street Box 180 City of O}VClSSO Departn1ent of ComJ11unity Development The City of Owasso Public Works Department has authorized the building expansion to come within 5 feet of the existing roadway. However, the applicant has submitted a proposal that would construct the addition within 15 feet of the existing roadway. And, with an existing right- of-way width of 80 feet, staff finds that any future roadway expansion on E. 5th Ave. could be The City of Owasso Community Development Department and Public Works Department have had several opportunities to review the proposed addition. And, after those reviews, all interested departments have concluded that the benefits of such a proposal outweigh any of the potential negative impacts. City engineers have concluded that the only issue that needs to be addressed is the construction of a marked barricade located at the southeastern corner of the addition. The applicant has agreed and the construction of the barricade will coincide with the construction of the building addition. The applicant has informed staff that the request is based solely on the internal workings of this meat processing plant. The internal flow of the meat processing procedure requires that the addition be constructed in the proposed location, rather than the other vacant areas shown on the attached plot plan. City staff agrees. ANALYSIS: National Steak Processors has received Board of Adjustment approval for the encroachment into the minimum 50 foot building setback line on property zoned ll., (Industrial Light District). The approval was received at the March 25, 2003 regular meeting. The applicant is requesting this closure to permit the expansion of the existing National Steak Processors facility. A general area map and complete legal description have been included with your packet. The City of Owasso has received a request from National Steak Processors for the partial closing of the northern 40' right-of-way along E. 5th Ave. The subject property is located approximately 600 feet west of the 5th Ave. and U.S. Hwy 169 Service Road intersection, further described as 301 E. 5th Ave. BACKGROUND: ROBERT MOORE PLANNER THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO TO: MEMORANDUM 1. General Area Map. 2. Right-of-Way Closure Application. 3. Site Plan. ATfACHMENTS: Upon Planning Commission approva~ the item will be scheduled for the April 15, 2003 regularly scheduled City Council meeting. The right-of-way closure request will be heard by the City Owasso Planning Commission on Monday, April 7, 2003. Staffwill recommend approval. PLANNING COMMISSION: Technical Advisory the at regular meeting. At that meeting, the following comments were noted. 1. Community Development - The City Council must closure. 2. Community Development - The applicant must provide an official copy of the light-of-way vacation to the Community Development Department after Distllct Court approval. 3. Public Works - The applicant must construct a collision barricade. The constru(,iion of the barricade must coincide with the construction of the building addition. accommodated without issue. Staff should also point out that the addition to the existing site would provide several new employment opportunities in the City of Owasso. National Steak Processors, Inc. has concluded that a minimum of 35 with a potential for 50 new jobs will be created by this expansion. And, in this time of economic uncertainty staff feels that the manner in which the new jobs are created would most certainly outweigh any negative impact that the creation may have. 11 ~110 1.(,/nll ("nT" I rl BKC:asc cc: Brenda Dietzfeld Larry Patterson B. Kenneth Cox, J1'. We represent National Steak Processors, Inc. ("NSP"). On behalf of NSP, we hereby request that the City of Owasso close that portion of the right-of-way as is legally described on Exhibit "A" attached hereto. We further request that the City of Owasso close that portion of the Utility Easement which is legally described on Exhibit "B" attached hereto. The purpose of these closures is to permit the expansion of the existing facility of NSP in the City of Owasso as depicted on Exhibit "C" attached hereto. It is anticipated that this expansion will cost approximately $1,850,000 and will create approximately 35 new jobs in Owasso. B. Kenneth Cox, J1'. (918) 594~()418 kcox@hallestill.col11 W.'\LTER 13 HALL (1'}2J-19!)(Jj FRED SNELSON j 1921i-IIJH7) ~NOT t\[)f,lITlED IN OK LAfIOI\.IA r-<ORTIIWEST ARKANSAS CURTIS E HOGLE" ROBER"f K RHO,\D:)' Jt\1vIES L H,\HIUS. WASHINGTOr\ 1).(. JOHN 13 RlDOLPH JOSEPH R ,\lE:\IORI"i\;O. DONALD I{ DIl'\A~. JOHN J McDERMOTT" JAMES B WilCOX, JR. CRAIG ..... KOENIGS. SAN DEEP S KATHURIV Dr\:-.JIEL J GLO\-"EK KE~T.\ (ilL:.IIA~LJ J(}l\," EPSTU~~ E!.,\J~n:: R nJRf-.JER CHRISTIM'-i S HLCK__\IlY SlJS,\N,\;.-\ (j \'U[GEl.l J TODO \VOOI.ER)' SARAH K OBEIC\f)OI<FEK Very truly yours, D. r: {;v?~ Please let me know if you have any questions or comments Dear Mr. Moore: Re: National Steak and Poultry Robert Moore City Planner City of Ow ass 0 III N. Main Owasso, OK 74055 March 3, 2003 :'/ORTIIWEST ARKANSAS OFFICE ONL; EAST CE0ITER STREET SUITE) 15 F,\ YETTEVI LLE. All 72701.5388 TELEPHONE (479) 973~5200 FACSIMILE (479)97}-0520 WASHINGTON. D.C. OFFICE 112020 '" STREET. N W SUITE 700. NORTH BUILDING WASHINGTON. 0 C 20036.3~106 TELEPHONE (202) 973.1200 FACSIMILE 12(2)973.1212 OKLAlIOI\IA CITY. OKL\1I0.\L\ OFFICE lOa NORTllllROAUWA Y llA"K 0"10 CECiTER. SUITE 2'JOO OKLAHO\1/\ CITY. OK 7.J 102.8865 TELEPHONE (405155).2828 FACSI MI LE (405) 55).2855 OKLAHOMA CITY, OKLAUOi\lA ROBERT 0 NI:LON J FRED GIST MIOIAfL F. SI\!ITH RALPH [ SEALS, JR I{OBERT D LOONEY, JR $i-l.ARON T TIIOY1,\:) MICHAEL J \IA5S.-\0 \1,\R()-\REl.\ .';\\.'J,\I\lER MltT!.,\!:l. T K[I::iTF.R SUSA.'\ L lJ,\TES RO:\:ALDu i~.-\Y JR RO:'-i..\LD.\ WHITE FRED \1 I3U\T01\ SlEVEN .\ JJROL;SS,\RD STEVE\: w ~OULE \lICI1AEL l. NEr-.1EC JOSEPH D rl~CHER '\NGEL )'N L DALE R 1\1..\ RK PETltlClI PA:-'IEL\ H GOLDBERG :'I.1ARK BANNER ROBERT F DOLXjHERTY T LANE \,'ILSO:-.J BETSY (j JACKSON ROBERT P FlTZ-P-\ !'lUCK SARAH JA"-'r.: i\lcKI~?\E~' JOH1-: F iiEIL. ill JA."iE L ;\LLI'\;(jII.~\M PA,\'I[L.\ S .\:\[)ERSOl\. JEN>.;!FER E :\IL'ST,\IN ~1:\R::;HALL j WELLS http://www.hJllestill.com TELEPHONE (918) 594-0400 f'.'\CS 1M I LE (918) 594-0505 ANTHO:--1Y J JORClE:--JSO:\ I lEA TIlER L CL:PP ;..10~rc.>\ A PLAKE K )'LE D FRE[.\!.\i'\ MOSle.\ L MAPLE \\' DEKE C:\~'\DA /'I.lICHAEL J U5S.-\lI 130}.;NIE N HACKLER JANICE L GADDIS KlMBERLY R BlEDLER KERI G_ WILLlA;\lS JOHN J TREBILCOCK MATTHEW T CROOK JOHN T RICHER GENEVIEVE L. SCHtdOOK 320 SOLT!I BOSTON A VENUE St' ITE 400 TULSA, OKLAHOMA 74103-3708 A PROFcSSIOf\AL CORPOR..\TIO'" HALL, ESTILL, HARDWICK, GABLE, GOLDEN & NELSON OF COl):\'SEL JOI-IN S ESTILL. JR WILLIAM \\' PRITCHARD DAVID L HILL RAY,'yl0ND 8 KELLY AL;tJREY P RASMuSSEN CUVE A SEYMOUR <.\MFS C 1 H..\RLJ\\,'ICK i Ha., t,\:-i () (1A 8i...E 1"110\-1..\,) F C;OL.Dl:~ 1.,\I{j{ Y \\ ,')Ai\DEL -\",Uf{L\\'.\l WULO\ FR..-\0.K ,\1 llM;EOORt'-i J PATRICK C'RE,\llt, J KEV!N H..\ YES ,\lI(']-1AEI. D GRA YES J:\:\-lES D SA TRO'....l RICHARD _-\ GROE:\END\'KE, JR GR..\YOOS D LL'THEY, JR m:L L GUST.....FSON \-IARK K BLOl\;GEWICZ '\'11CllAEI.. O. COOKE KE>..t\ETH L HL?'-JT 8 KENNETH COX, JR Dm-:ALD L KArlL [J KENYON W1LLlA.\IS, JI{ TlIQ,\l..\S P SCJ lROEDTEH L\\jE~ J PROSZEK J..\:\H~S ;\1 REED 1"l-IO'v1.-\S -\ CKEEK.\IORE III :) i FI'HEN \\' fL\., NEW-JE (20) 2/27/03:JE:sky 2114.3 1 National Steak & Poultry-2 Esmt Lgls.doc STARTING AT THE SOUTHWEST CORNER OF THE E/2 OF THE NE/4 OF SAID SECTION 31; THENCE DUE NORTH ALONG THE WESTERLY LINE OF SAID E/2 OF THE NE/4 FOR 964.32' TO A POINT ON THE NORTHERLY RIGHT~OF-WAY LINE OF 5TH AVENUE; THENCE DUE EAST ALONG SAID NORTHERLY RIGHT- OF~WAY LINE FOR 40.001 TO A POINT OF CURVE; THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-'OF~WAY LINE ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 26048'14" AND A RADIUS OF 340.001 FOE 159.06' TO THE "POINT OF BEGINNING" OF SAID TRACT OF -- - LAND; THENCE CONTINUING SOUTHEASTEELY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 8057'40" AND A RADIUS OF 340.00' FOR 53.18' TO A POINT OF EEVERSE CURVE; THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHERLY RIGHT~OF-WAY LINE ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 21026'33" AND A RADIUS OF 260.00' FOR 97.30'; THENCE DUE WEST FOR 50.90'; THENCE N 58009'36" W FOR 96.69'; THENCE DUE NORTH FOR 17.53' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND. A TRACT OF LAND THAT IS A PART OF THE E/2 OF THE NE/4 OF SECTION 31v T~21'-"Nv R-14-E, INDIAN BASE AND MERIDIANv CITY OF OWASSOv TULSA COUNTY; OKLAHOMA, ACCORDING TO U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS v TO~WIT: STREET RIGHT-OF-WAY CLOSING EXHmIT "A" SHEET 2 OF 2 The City of Owasso Public Works Department has authorized the building expansion to come within 5 feet of the existing roadway. However, the applicant has submitted a proposal that would construct the addition within 15 feet of the existing roadway. And, with an existing right- of-way width of 80 feet, staff finds that any future roadway expansion on E. 5th Ave. could be accommodated without issue. The City of Owasso Community Development Department and Public Works Department have had several opportunities to review the proposed addition. And, after those reviews, all interested departments have concluded that the benefits of such a proposal outweigh any of the potential negative impacts. City engineers have concluded that the only issue that needs to be addressed is the construction of a marked barricade located at the southeastern corner of the addition. The applicant has agreed and the construction of the barricade will coincide with the construction of the building addition. The applicant has informed staff that the request is based solely on the internal workings of this meat processing plant. The internal flow of the meat processing procedure requires that the addition be constructed in the proposed location, rather than the other vacant areas shown on the attached plot plan. City staff agrees. ANALYSIS: National Steak Processors has received Board of Adjustment approval for the encroachment into the minimum 50 foot building setback line on property zoned IL (Industrial Light District). The approval was received at the March 25, 2003 regular meeting. The applicant is requesting this closure to pennit the expansion the existing National Steak Processors facility. A general area map and complete legal description have been included with your packet. The City of Ow as so has received a request from National Steak Processors for the partial closing of the southern 17.5' utility easement for a part of the E/2 of the NE/4 of Section 31, Township 21 North, Range 14 East. The subject property is located approximately 600 feet west of the E. 5th Ave. and u.s. Hwy 169 Service Road intersection, further described as 301 5th Ave. BACKGROUND: ROBERT MOORE PLANNER FHOM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. General Area Map. 2. Easement Closure Application. 3. Site Plan. ATTACHMENTS: Upon Planning Commission approval, the item will be scheduled for the April 15, 2003 regularly scheduled City Council meeting. The easement closure request will be heard by the City of Planning Commission on Monday, April 7, 2003. Staffwill recommend approval. PLANNING COMMISSION: The Owasso Technical AdvisOlY Committee at meeting. that meeting, the following comments were 1. Community Development The City of Owasso City Council must approve the easement closure. Community Development .~ The applicant must provide an official copy of the easement vacation to the Community Development Department after District Court approval. 3. Public Works - The applicant must construct a collision banicade. The construction of the balTicade must coincide with the construction of the building addition. Staff should also point out that the addition to the existing site would provide several new employment oppOliunities in the City of Owasso. National Steak Processors, Inc. has concluded that a minimum of 35 with a potential for 50 new jobs will be created by this expansion. And, in this time of economic uncertainty staff feels that the manner in which the new jobs are created would most certainly outweigh any negative impact that the creation may have. BKC:asc cc: Brenda Dietzfeld Larry Patterson B. Kenneth Cox, J r. Please let me know if YOLl have any questions or comments We represent National Steak Processors, Inc. ("NSP"). On behalf of NSP, we hereby request that the City of Owasso close that portion of the right-of-way as is legally described on Exhibit "A" attached hereto. We further request that the City of Ow as so close that portion of the Utility Easement which is legally described on Exhibit "B" attached hereto. The purpose of these closures is to permit the expansion of the existing facility of NSP in the City of Owasso as depicted on Exhibit "C" attached hereto. It is anticipated that this expansion will cost approx~mately $1,850,000 and will create approximately 35 new jobs in Owasso. 8. Kenneth Cox, h. (918) 594-.()418 kcox@hallestill.com WALTER 8 HALL (192J.1%61 FRED~ NEL5Q:-.l. I92S.llJIC') ~~OT ADMITTED IN OKLNIOII,I!1\ l"iORTlIWE5T ARKA,"iSA$ CURns E HOGUE~ ROBERT K RH(J,\t)S~ JA:VIES L HAIHW;e \VASIIINGTON D.C. JOHN II Rl'DOLPH JOSEPH It \IE.\f8RINO~ DONALD R DIN.-\:'\lq JOHN j ,\4cDER.\.fOTT" JA:V1ES B. WILCOX. JR ~ CRAIG .\, KOE:-JIGSQ SA,~OEEP::i KA THL'Rl:\~ DA:'>JJEI. J GLOVf:H KE:'-.iT\ l.i;L:.IL-\~D lOI\, .... EPS rEI.~. ELAINE R fL'R.'IEH CHRfSTJA:\ ') Ht;CK \in' SL'S..\N\iA G VOEGELI J TODD WOGLER'\, SARAH K 08ER~[)()RFER Very truly yours, b, r:~~ Dear Me Moore: Re: National Steak and Poultry Rober11\/Ioore City Planner City of Owasso 111 N. I'v'lain Owasso, OK 74055 March 3, 2003 :~OlnHWEST AIU,A;\SAS OFFICE ONE EAST CE:-iTER STREET SUITE ll5 FA YIOTTEVILLE, AR 72701.5388 TELEPHONE (-179) 973-5200 FACSLvllLE (479) 97J-052D IV..\SlIICiGTON, D.C. OFFICE 1120 20rn STREET, N.W SUITE 7DO. \:ORTH BUILDING WASHINGTON. D C 200J6-34D6 TELEPHONE (202) 07).1200 FACSIMILE (202197J-1212 OKL"IH}\IA CITY, Oh:LAlIOMA OFFICE IIID NOIHH BROADWA Y B.-\.,K O"'iE CENTER. SUITE 2'iOO OKLAHO.VIA CITY. OK 7l 102-H~65 TELEPHONE 14(5) 553-2828 FACSIMILE (405) 553.2855 OKL,\HO,'\t!,\ CITY, OKLAHOMA ROBERT 0 NELON J FRED GIST MICHAEL E. SMITH RALPH E SEALS. J R ROIJERT 0 LOONEY. JR SHARON r rHO MAS MJCHAEL J MASSAD ha!lesti!l.com \IAR(jARE-r -\ S''vi\IIvlER ....:ICitAEL T KEESTER. iLS,\N L \.JA TE.-) ROI\;A LO U Rr\ '1'. JR RU.\.-\LD.\ WillTE FRED '\'1 i~L '\TO,,- STEVEN.\ 8ROL;SSARD STEYE;\i w :::;OLLE' ....lJCHt\EL L NE.\lEC JOSEIIH D FI:\CHER A.'~GEL Yl\ L DALE It MARK PETRICH P\,\lELA H. GOLDBERG ,\IARK BAN:-JER ROBERT F DOL:GHERTY T LANE \VfLSON BETSY G j,\CKSO:-.l ROBERT P PITZ-Pt\ fRICK SARAH J;\N[ McKIN.'\iEY JOHN F HelL. !II JA:--iE l ,.\LLL\;GHAM P-\I\IELA S ~N[)ERSON JE.N~!fER [: \lL.:.';T^\!\i -V1ARSH/\LL j WELLS TELEPHONE (9] 8) 594..0400 r: ACSIIVlI LE (918) 59400505 ..\,\lTllO'\;Y J jORGE~SON HL\ THER L Cl.:PP .\tONIC.:.. .\ PLAKE KYLE 0 FREE.\fr\N ~-I01\IC.\ L .'vlAPLE W lJEKE CA.\;..\ DA .'vlIC1IAEL 1 LJSSAU BONNIE \< HACKLER JA:-JICE L. GADD!S KIMBERLY It 8IEDLEI~ KERI G WILLIAMS JOHN j TRE81LCOCK .\IA TTHEW T CROOK JOHN T RICHER GENEV1E\'E L SCHMOOK 3ZO SOL'TH BOSTON ..\VE:\LE Sl'lTE 400 TULSA,OKLMIOi\I.-\ 7410303708 ,\ I'R()FESSIO.~'\L COHI'OR~TlO.'i HALL, ESTILL, HARDVVICK, GABLE, GOLDE~ & NELSON OF cr)ll~SEL JOHN S ESTILL JR WILLiA,....l W PRITOtARD f)A,VID L HILL I{,\ Y ,\.10/'.10 B KEtL Y \CI)I{EY P R/\SMLSS~~; CLIVE A SEYMQL'R rlIO\l.-\S :I, C!H-:cKMORt Ifl :"\TFPHEN \\." RA'1' J.\.\lES ,\.1 REED i .\.\1ES C r liARD\'dCK "!"H()\IA,S D GAULE i"i1t!\JA:) F GOLDE'" l \/{HY,.... 5'\i-..0I.:L '~~()RU\' ivl \\'01.0\' F;{.-\SK \tl HAGEiJOR.\j J ?-\ fRICK CRE~II.\i J KEVIN HAYES "lICI-!AEL Q GJ{A'liES J .\.\1ES D SATRO,.....' R.ICHAIW A GROE.'iENDYKE. JR. GR:-\ '{DON 0 LUTHEY. m DEL L GL::iTAfSON \1--\RK K BLONGE\VICZ ~,lICHAt:L 0 COOKE KG,NETH L HLNT B KENNETH cox. JR DO:-'ALD L KAHL o KE;'\/YON WILLtA\IS, JR lI-lOI'-.I.-\S P SCHROI::DTER j.-\:'vIES! PR.OSZEK NEW-JE (20) 2/27/03:JE:sh:y 2114.3 I National Steak & Poultry-2 Esmt LgIs.doc NORTHWESTERLY ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 36025'45" AND A RADIUS OF 260.00' FOR 165.31' TO A POINT OF REVERSE CURVE AND NORTHWESTERLY ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 35045'54" AND A RADIUS OF 340.00' FOR 212.23', AND DUE WEST FOR 22.50' TO THE "POINT OF BEGINNING" OF SAID 15.00' WIDE STRIP OF LAND. FOLLOWS: THENCE TO A POINT OF CURVE; S 89020" 0 9" W FOR 24 . 41 ' LINE AS NORTHERLY SAID ALONG THENCE AVENUE; STARTING AT THE SOUTHWEST CORNER OF THE E/2 OF THE NE/4 OF SAID SECTION 31; THENCE DUE NORTH ALONG THE WESTERLY LINE OF SAID E/2 OF THE NE/4 FOR 964.32' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH AVENUE; THENCE DUE WEST ALONG SAID RIGHT-'OF~WAY LINE FOR 17.50' TO THE "POINT OF BEGINNING" OF SAID 15.00' WIDE STRIP OF LAND; THENCE DUE NORTH FOR 15.00' TO A POINT ON THE NORTHERLY I,INE OF A 17.50' UTILITY EASEMENT; THENCE ALONG SAID NORTHERLY LINE AS FOLLOWS: DUE WEST FOR 22.50' TO A POINT OF CURVE; THENCE SOUTHEASTERLY ON A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35045'54" AND A RADIUS OF 357.50' FOR 223.16' TO A POINT OF REVERSE CURVE; THENCE SOUTHEASTERLY ON A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 36025'45" AND A RADIUS OF 242.50' FOR 154.18', AND N 89029'09" E FOR 24.41'; THENCE S 00039'51" E FOR 17.50' TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF 5TH .A 15.00' WIDE STRIP OF LAND THAT IS A PART OF THE E/2 OF THE NE/4 OF SECTION 31, T I~N, R.'~14-E, INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA! J.\.CCORDING TO U. S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO~WIT: EASEMENT VACATION EXHIBIT" A" SHEET 2 OF 2 @ The building contains a total of 25,000 sq. feet of space, with approximately 8432 sq. feet of that total located in an upstairs floor. @ The property contains a total of two acres. @ The church originally accepted an offer of $650,000 for the property. @ There exist two parking lots that contain approximately 107 parking spaces. @ There are nine heating and air conditioning units that serve the facility. @ The largest room will seat approximately 300 persons. INITIAL INFORMATION: During that discussion, the staff plans to present information to the City Council relating to the physical layout of the facility, funding options, anticipated purchase price and potential uses should the City acquire the property. It is my understanding that there is one, and perhaps two, anticipated offer (contract) for the property that will be presented in the immediate future. It is my further understanding that it is likely that the church will be receptive to waiting for a few days before a decision is made as to which buyer will be selected for initial negotiations. The reason for that delay is specifically to allow the City to make a contract offer for the purchase of the property. Because ofthe reception the initial discussion relating to this purchase has received, it is my intention to place on our Work Session agenda a discussion item relating to such purchase. As each of you know, the Central Baptist Church building, located immediately east of the City's Municipal Building, is once again for sale. While there had been a potential purchaser and a signed contract, that offer was withdrawn and the building is once again available. BACKGROUND: April 2003 DATE: COUNCIL THE HONORABLE MAYOR TO: MEMORANDUM Ci tyCollncil\Mcmos\2003\ChllrchBlIilding 1 Should any councilor desire specific information or have specific questions relating to this issue, it would be helpful if those requests/questions were provided in advance of the meeting in order that correct information be supplied. Due to anticipated pending offers, a discussion of the issues relating to the purchase must be held without delay. Therefore, it is anticipated that the staff will present the issues and options and the councilors will provide input and direction based on the discussion. The staff discussion will include members the Community Development Department, Department, and Finance Department. PURPOSE OF DISCUSSION: CENTRAL BAPTIST CHURCH PROPERTY APRIL 4, 2003 PAGE 2 The staff has completed a preliminary review of this request and believes the concept and request should be supported as a temporary assistance measure. Generally, the Owasso jail has space available in the ten-day holding facility. Any agreement, however, would have to recognize that use of the Owasso jail by the City of Collinsville would be on a "space available" basis. STAFF REVIEW: It should be noted that the City of Collinsville has taken action to solve their long-term problem by purchasing a facility that, when remodeled, will contain a Police Department and jail facility. The Police Department should be able to occupy the facility within 30-45 days, however, the jail will not be completed until July 2004. The Collinsville City Manager has approached the City of Owasso with a unique request for assistance in providing a short-term solution to their problem. The request is that the City of Owasso allow the City of Collinsville to use its jail facility on a space-available basis for both initial arrest and when offenders are sentenced to serve jail time by the Municipal Judge. The City of Collinsville lost the use of their jail facility on December 1, 2001 when their municipal building was destroyed by fire. Subsequently, the Collinsville Municipal Court has been forced to operate without the availability of a place to incarcerate offenders should their Judge sentence someone to serve time in jail for an offense. Since jail space is not yet available to suburban cities through the Tulsa County Criminal Justice Authodty, Collinsville has, in effect, faced a situation wherein their judicial system has limited options. BACKGROUND: April 4, 2003 DATE: AGREEMENT CITY OF OW ASSO JAIL FOR THE PURPOSE SENTENCED OFFENDERS AND ARRESTEES THE HONORABLE MAYOR CITY COUNCIL OWASSO TO: MEMORANDUJ\1 Ci lyCOlll1Ci I\M el11os\2 00 3 \.1 a i I F ac i 1 i ly( Co II i I1svi Ilc) NOTE: Because of the newness of this request, the actual Interlocal Agreement is still being drafted by Chief Yancey and Mr. Gray, and may not be available for the meeting. The staff will present the concept to the City Council during the April 8th Work Session, and will be prepared to address questions. COUNCIL DISCUSSION: 1. Space Being Available Payment of a Daily Charge 3. Certain Limits of Liability 4, A Date Celiain for Telmination of the Agreement The use of an Interlocal Agreement between the Cities of Collinsville and Owasso is an appropriate vehicle for addressing this request. Through such an agreement, the City could agree to holding prisoners from the City of Collinsville subject to: PROPOSED SOLUTION: The staff has also conducted a review of the cost associated with housing prisoners. While certainly not inclusive of all indirect costs, it appears that a daily charge of $27.00 will cover the cost of food, utilities, supplies (fingerprint cards, pictures, and some indirect costs. It is the staff position that a $27,00 per day, charge will cover any holding a COST: USE OF JAIL FACILITY APRIL 4, 2003 PAGE 2