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Home My WebLink About2003.03.11_Worksession Agenda 3. Discussion of Issues Relating to a Request for a One Year Extension of an Agreement Between the City of Owasso and Crawford & Associates, Such Agreement for Auditing Services. Ms. Bishop Mr. Crawford See Attachment #2 2. Discussion ofIssues Relating to the FY 2001-2002 Audit. Ms. Bishop Mr. Frank Crawford Attachment #2 1. Call to Order Mayor Helm AGENDA Hall bulletin board Notice and agenda filed in the office of the City Clerk and posted on the at 4:00 p.m. on Friday, March 7,2003. Special March 11, 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. OMRF Issues B. Vision 2025 Project C. Other Items Mr. Ray Attachment #6 5. Discussion Relating to a Main Street Striping Plan. Mr. Carr 4. Discussion Relating to Planning Items. A. Annexations B. Zoning Request Flood Plain Ordinance Other Items Mr. Moore Mr. Wiles Attachment #4 Owasso City Council March 11,2003 Page 2 Prank Crawford, President of Crawford & Associates will attend the Council meeting Tuesday night to discuss the fiscal year 2002 financial reports, accounting changes, and the fiscal year 2003 audit proposal. ' , We do not yet have a fee proposal from Crawford & Associates for the 2003 fiscal year audit services. The audit fee for the previous year was $21,200. We do anticipate an increase in audit fees because implementing GASB 34 significantly changes the scope of the audit. The Governmental Accounting Standards Board (GASB) establishes generally accepted accounting principals, the standards for accounting and auditing for governmental entities. Effective this fiscal year, GASB Statement No. 34 creates major changes in financial reporting requirements for cities. Retaining auditors that are already familiar with the City of Owasso's records and systems would make implementing those changes much less difficult. Additionally, Crawford & Associates are nationally recognized experts on the subject of GASB 34. No one is better qualified to assist us with this restructuring. The normal procedure at this time would be to request proposals from accounting finns for audit services for the next five years. There are some unusual circumstances this year that cause staff to prefer to retain the services of Crawford & Associates for one more year without taking proposals from other firms. City charter and state statutes require that an independent accountant perfOlTI1 an annual audit of the City's finances. In February of 1998, the city accepted proposals for auditing services from accounting firms. Those proposals included a fixed fee for each of five years. The firm of Crawford & Associates, P.C. was selected to provide audit services. Each year for the past five years, the City Council has approved a one-year contract with Crawford & Associates. BACKGROUND: March 7, 2003 DATE: SHERRY FINANCE FROM: HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy with the exception of tract size. In this particular case however, staff feels that the application is simply an addition to an existing subdivision and denial of the request would prove to be counter-productive to the goals and objectives outlined within the City's 2010 Master Plan. Staff believes that it is in the best interest of the City of Owasso to annex this property rather than relying on Tulsa County to serve the site once completed. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon annexation. The applicant has applied for a change in the zoning classification from AG (Agricultural General District) to RS-3 (Residential Single Pamily High Density District). This application is scheduled for the April 7, 2003 regular meeting of the Owasso Planning Commission. Prior to the scheduled public hearing, a rezoning sign will be posted on the property and property owners within 300' of the property will be notified. AU development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. ANAL YSIS: The applicant is requesting this annexation petition in order to complete Country Estates VI, a residential subdivision. The property is bordered on the south, west, and north by Country Estates III, IV and V, respectively. The applicant has completed the infrastructure and utility construction while the property remained in Tulsa County. The applicant however, has forwarded copies of construction plans and the preliminary plat to ensure that the property would meet City of Owasso development standards. City of Owasso Public Works Department staff has informed this office that all infrastructure construction completed to date meets City standards. The City of Owasso has received a request from DG&S Properties, applicant(s)/owner(s), for tbe annexation of 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 S1. N. and N. Garnett Rd. intersection. A general area map and a complete legal description are attached. BACKGROUND: ROBERT MOORE PLANNER FROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEI\tl0RANDUM 1. General Area Map. 2. Plarming Commission Staff Report (w I attachments). A 1T ACHM:ENTS: Upon Planning Commission approval, the item will be scheduled for the March 18, 2003 regularly scheduled City Council meetingo The annexation petition will be heard by the City of Owasso Planning Commission on Monday, March 10, 2003. Staff will recommend approval of the requesL PLAA'NING COMMISSION: petition at the February was recommended Annexation that meeting, the ANNEXATION COMMITTEE: The annexation petition was reviewed at the Pebruary 26, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMI\tfITTEE: PH: (918) 376-1500 FA."\:: (918)376-1597 www.cityofow3SSo.com 111 North Main Street P.O. Box 180 Owasso, OK 74055 S MAl' IS FOR INFORl\,IATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPRESEJorr AN ACCURA'ffi AND .ell SCALE. USE OF nus MAP IS W1TI10UT WARRANTY OR REPRESEJorrATIONBYTIlE CITY OF OWASSO MMUNITY DEVELOPMENT DEPARTMENT OF ITS ACCURACY. NORTH CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT Q DG&S Properties OA 03=02 GENERAL AREA MAP2-19-03 TY /,,{ /if 1 '''I I /{7" i'~~'~ ! I t{I/ !' : ..---,------- . i .. i ...-----. - -.- -. -~dJ.-.------_. 1 1 /""/ i I .;;" .. -_. I /}/ ..... == . /- / / _ i I ! / l.. " / . ...._ .. ....LI ~ 1/ ) j / ' .'.%'>1 ] i xl/ / i ;l: ~ i <Ii // I lL.! ~..__._.___._ ---'r--Y--T-~._~--.--i;\.,Sl / i jr'~;"'---_'- J I 1 J I: ",J.'!?' ,/ L' JI i' I ' I ~ !i:~ / ~: I ! ) I I i I I I U ;~ \~ . .f-'l-1 ~, . , ;-"........--.j I I ' I I i I I I ~!,G \e'i> /", r'~:""W I , I I . i ' , -.;, i I I' I! I ,~/(S\ ~'i>\(j, /:;~~~qTrT,rrr1i r]1 ~: ,1: ~~L....L.__L-,-;~ !~..\'Ii .. <' ,>, ( ! \ 1IJtttj, I ~~~ :...-11 ~--n'G :1).,. /". v ~.. ,<::r.'"" I i Ii ell ,<<'..;/7iTTTTTITTTJ ~uLC ~~1~' II 'I' i ;.{,! /--:;.~~_~.LU.LLUl..~~~ I' Ii; U t~Ht~__ _____ I I ~ iJ ,.A,'v>: I,ITII i 11ll! cq LU llittt i 1 ~~p ! I I. I j /~ /;, j / I' , ; I I I I ' I I 11 H- w 'i -:1 r::) Sl-----I I ! ff}A <<"IA.... 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" !"f.. ! r""':"'" 'O'\.~,- p -W--Lrl --!.....~"...,L~__L.L/ /'- -1...,....:-'..'--) ;-j ! ; !..:......___-I!I/,...:;,-/~'-.},<:,:wl.~~ (--j I t=1 ,C~ ~ v /llrl::'-'~-~. i II ,. ,. 1 I if ",w .n I "I i II-~' , I ( I II c..:.. _ ,,-..j fl," -.,.-,.--J ."""'j ,...., ,~ H-.; ,-j , I \ .~ I I ""-'_ "1 I ----l --- --+---l, I I , / i-J.-..., L.L~ I 11 II=], w L-...L..J ,""""1 .;--------'-' '---..,- I. --:--'\ '\ ; l .1--4~ ~2-~ t3 I L-J. \,-Lj t-i !! I ; :---.--. I I \\ f//' j-'T!: i II I-j" L t,/'Sr-1H I I Ii 1 Ii __._L_ ~"--)LJ----.!~ c....l_G-~ 0-- E-~116th:-St=N---....--.J -- ' -.-----=~:.~ ---------~---jl }J---- I .---- @'~' - ,~. e-----:-'., ;'------TT--T.--~ 112 II'lWS ~m ~ ~ ~-4 JWOJ I/':J ~ I \ I ! 1 "\ j ;! r~v,s i~i1 ~ ~~ j I .' I I I ' '-~ .~--..-. ill '/1 ! ; l L.....______.;,' 'l . , j; ! ij I I ;-- 1 i :---~ ill ! ,'//. 1 I! 1 : or-::-' ~ -1 i )., 'J ; I, --=.-'-_."--~ . I /:",/ ~::---~---:-:--~'~-;-.fr-l! . .-----! :___i.... ----1----'-- 1. :1 !". i ! i : . I ; r- ~-::=l ! ! , .....1' Jh~ "'" <J I -------i,/ /} : '''. , t. . \ : 1 ; ~:=j ,',_._j ! l-r-;:_--'-"-'~-:,-~""" .': J E., 126th St, N., The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon annexation. The applicant has applied for a change in the zoning classification from AG (Agricultural General District) to RS-3 (Residential Single Family High Density District). This application is scheduled for the April ANALYSIS The applicant is requesting this annexation petition in order to complete Country Estates VI, a residential subdivision. The property is bordered on the south, west, and north by Country Estates ill, IV and V, respectively. The applicant has completed the infrastructure and utility construction while the property remained in Tulsa County. Additionally, the applicant has forwarded copies of construction plans and the preliminary plat to ensure that the property would meet City of Owasso development standards. City of Owasso Public Works Department staff has informed this office that all infrastructure construction completed to date meets City standards. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: RS-3 (Residential Single Family High Density District) East: AG (Agricultural District) - Tulsa County West: RS-3 (Residential Single Family High Density District) PRESENT ZONING AG(Agricultural District) - Tulsa County SURROUNDING LAND USE North: Residential -- Single Family South: Residential ~ Single Family East: Vacant West: Residential ~ Single Family EXISTING LAND USE Vacant LOCATION Soo attached legal description. Owasso has reCe1vea a 1 acres, more or is west side N. Garnett approximately 1 16th St N. N. Garnett Rd. intersection. A general area are your information and review. OA 03=02 Properties ~ STAFF REPORT CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Application. 3. City ofOwasso Annexation Policy. 4. City of Owasso Procedures for Annexation. 5. Legal Notice. RECOMMENDATION Staff recommends approval of the request by the DG&S Properties to annex into the corporate limits of the City ofOwasso approximately 11.33 acres, more or less. OW ASSO ANNEXATION COMMITTEE The Owasso Annexation Committee reviewed the proposed annexation at their February 26, 2003 Special Meeting. At that meeting, the Annexation Committee unanimously recommended approval of the request TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their February 26, 2003 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. this Commission approves the annexation petition, the petition will be forwarded to City Council for final review and approval. Staff published legal notice of the annexation petition in the February 20,2003 edition of the Owasso Reporter. The required legal notification will continue for three cOl1.<>ecutive weeks prior to City Council review. Furthermore, staff has received no phone calls or correspondence concerning the request. copy of the Annexation Policy is attached for your information review. property meets an of the requirements included within the policy with the exception o1'tract In this particular case however, staff feels that the application is simply an addition to an existing subdivision and denial of the request would prove to counter-productive to the goals and objectives outlined within the City's 2010 Master Plan. Staffbetieves that it is the best interest of the City of Owasso to annex this property rather than relying on TuIsa County to serve the site once completed. 7, 2003 regular meeting of the Owasso Planning Commission. Prior to the scheduled public hearing, a rezoning sign will be posted on the property and property owners within 300' of the property will be notified. Additionally, applications forthcoming include preliminary and final plats. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stomlwater detention facilities. ~~~~ ~SalIee = Manager , Q,;:;!CJ 3 Owner: DG&S Properties, L.L.C. DATED this 17 day of, 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 Ow as so, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. A TRACT OF lAND IN A PART OF THE OF SECTION 6, T-21-N, R-14-E, OF THE 18&M, IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESRIBED AS FOLLOWS: COMMENCING SE CORNER OF THE SE/4 OF SAID SECTION; THENCE NOO"05'14"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 NOO"05'19"E ALONG THE EAST LINE OF SAID NE/4, A DISTANCE OF 558.01 FEET; THENCE N89"39'43"W, A DISTANCE OF 485.00 FEET; THENCE NOO"05'08"E, A DISTANCE OF 100.00 FEET; THENCE NB9039'43'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 NOO"04'37"E, A DISTANCE OF 199.62 FEET; THENCE S89040'22"E, A DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING. CONTAINING 11.33 ACRES. The Undersigned, constituting not less than three-fomths of the registered voters the owner of not less than three-fourths (in value) of the hereinafter described estate in Tulsa County, Oklahoma, to wit: PETITION FOR ANNEXATION BEfORE Till l-JONORABLE CITY COUNCIL Of TH:E CITY OF OW ASSO, OKLAHOMA c~ -03-0 I Adopted :by City Council on March 1, 1988. 1. \/limite there is no minimum tract size, properties of larger than 20 acres are preferable. 2. Ar~p:r()perties should be contiguous to existing City limits. 3. A~lproperties 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 fUlther development of their property. AJllegal uses annexed into the City will be legal, buJ!i non-conforming, which means that they may continue but cannot be expanded without proper zoning. 4. A~ public infrastructures that do not meet City standards will not be improved by the Cil1y until brought to the City standard and accepted by the City Council. Such public fatili'ties must be improved at owners expense by the establishment of a special assessment district or some other financing method. S. Wfiere 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 cilllens to know where the City boundaries are. 6. Pr~perties that are rejected for annexation should not be considered for annexation for a sb..month period after rejection by the City Council. nle flJllawing annexation policy for the of Owasso is provided as a guideline and should not be'<:;;onstrued as inflexible requirements for annexation. City of Owasso Community Development Department [ ] I North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (9[8) 376-1543 Fax: (9[ 8) 376-1597 ,~, /~~o~~, Hct.r~ 1,,'. ,( ,-S' ~. rcY) .. \ \'1 ~ ---t,,\~ - '; , '.. *\ :* \~~~1Y) J \b,~;l",~ 'I J ~"'--"1 , '. ""~:"/ . ~ ;. ,/ -f~~..-& !\ ,f .., ~~ h 1 1 () 0 Q _h::ftr-lJ kH r:~.u r-r'\.' 04.ro;" 7. [f the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a !11Jp of the property annexed. 6 City Council Hearing and action on the proposal. 5. Notice published two consecutive weeks in the OWD.SSO ReporJer at the applic::wt's expense of a City Council Hearing which incluue: a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommenuation to the City Council. J. Notice pu.blished once in the Owasso Reporter at the applicant's expense of a Planning Comrnission Hearing which will include a map and text of the proposed annexation. ') Review by a Standing Annexation Committee and recommendation to the PlanninU' ::J Commission and City Council. L SubmiSSion to the City Plallner of an application and petition and an administrative fee as prescribed by Ordinance. ~EN SPONSOREDA'\INEXATION: 7. If the proposal is approved by th~ City Council, an Ordinance will be prepared, approved. published, and filed of record with the office of the County Clerk, with a map of the property annexed. . . - 6. City Council hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter of a City COllllCil Hearing which will include a map and text of the proposed annexation. ry Planning Commission I-fearing on the proposal and recommendation to the Council'. 'L "1. to the Planning ttee Annexation Council. a Standi and "' j. 2. Notice published two consecutive weeks in the Owasso Reporter of a Planning Commission Hearing which will include a map and text of the proposed anne:cuion. 1. City Council direction to study the annexation of property. - -':" COUNCIL SPONSORED A~NEXA IrON: PROCEDURES FOR AN;,\EXATIO:V See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, III N. Main, Dwasso, Oklahoma, 74055 or by phone (91S) 376-1543. AIl persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Dwasso for its consideration and action, as provided by law. The petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the lSth day of March, 2003. You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Dwasso on the 17th day of January, 2003, and that said petition will be presented to the City of Dwasso Planning Commission at the Owasso Community Center, 301 South Cedar, Owasso, Dklahoma at 7:00PM on the 10th day of March, 2003. NOTICE TO THE PUBLIC Dwner: DG&S Properties, L.L. C Stan Sallee - Manager Dated this 17111 day of January 2003. being territory adjacent and contiguous to the incorporated City of Dwasso, Dklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Dwasso, Oklahoma., to annex the aforementioned real estate into the City Limits of said City. CDMMENCING SE CDRNER SE/4 SAID SECTIDN: THENCE N 00005' 14" E ALDNG THE EAST LINE DF SAID SE/4, A DISTANCE DF 2,560.45 FEET TO. THE POINT OF BEGINNING; TIffiNCE CDNTINUE NDRTH ALDNG SAID EAST LINE, A DISTANCE OF 70.48 FEET TO TIlE SE CDRNER OF THE NE/4 DF SAID SECTIDN; THENCE N 00005'19" E ALDNG TIlE EAST LINE OF SAID NE/4, A DISTANCE OF 558.01 FEET; THENCE N 89039'43" W, A DISTANCE DF 485.00 FEET; TIIENCE N 00005'08" E, A DISTANCE OF 100.00 FEET; THENCE N 89039'43" W, A DISTANCE DF 176.76 FEET; TIffiNCE S 00006'48" W, A DISTANCE DF 634.24 FEET; THENCE S 00001'50" W, A DISTANCE DF 294.08 FEET; THENCE S 89041 '20" E, A DISTANCE OF 300.00 FEET; THENCE N 00004'37" E, A DISTANCE o.F 199.62 FEET; THENCE S 89040'22" E, A DISTANCE DF 361.78 'IRE POINT DF BEGINNING, CDNTAINING 11.33 ACRES, MDRE DR LESS. The undersigned, constituting not less than three-fourths of the registered voters and being owners of not less than three-fourths (in value) the hereinafter described real estate situated in Tulsa County, Oklahoma, to-wit: BEFORE THE HONORABLE CITY COUNCIL DF THE CITY DF OW ASSD,OKLAHDMA PETITIONnFORANNEXAIIQN Robert Moore City Planner Dated at Owasso, Oklahoma, this 11th day of February, 2002. The annexation petition was reviewed at the February 26, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMl\HTTEE: A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy. Staff feels that the annexation of this property would prove to be advantageous to the stated goals and objectives of the Owasso 2010 Master Plan. Residential sewer service will be provided by the City of Owasso. Residential water service however, will be provided by both the City of Owasso and Washington County Rural Water District. The division of service is similar to that of the Bailey Ranch Estates and Sawgrass Park at Bailey Ranch Additions. The applicant is requesting this annexation petition in order to eventually accommodate residential development. Tract "A" contains approximately 10.02 acres with Tract "B" containing approximately 6.98 acres and Tract "C" containing approximately 13.54 acres, more or less. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon aIUlexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. ANALYSIS: The City of Owasso has received a request from Michael Ray Sharp, applicant/owner, for the annexation of three tracts of land totaling 30.54 acres, more or less. The subject properties are located on the south side of E. 106th St. N., approximately 1,320 feet east of the N. Garnett Rd. and E. 1061h St. N. intersection. A general area map and a complete legal description are attached. BACKGROllliIh 11, ROBERT :MOORE PLANNER FROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. General Area Map. 2. Planning Commission Staff Report (w / aaachments). ATT ACIIMENTS: March Upon Plam1ing Commission approval, the item will scheduled regularly scheduled Council meeting. on Monday, Planning The annexation petition will be heard by the City March 10, 2003. Staff will the PLANNING COIVn\'1ISSION: The Owasso Annexation Committee reviewed the annexation petition at the February 26, 2003 special meeting. At that meeting, the item was unanimously recommended for approvaL ANNEXATION COMMITTEE: PH: (918) 376-1500 FA."\:: (918) 376-1597 www.cityofowasso.com III North Main Street P.O. Box 180 Owasso, OK 74055 THIS MAP IS FOR INFORMATIONAL PURPOSES ON!. Y AND IS NOT INTENDED TO REPRESENT AN ACCURATE AND NORTH CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT o Michael Ray Sharp OA 03-03 GENERAL AREA MAP 2-19-03 ,,! ,Ii > I~-~~ '--'~-j .~ i ' ":il! ! ~".' !.-~"~-"'~'~-"'-~ :ii ' ~----'----~ ~I ,._____~ . :!__m.._..;__m...._.....' --~i~~~~~~~~JW~~~frlilt1~~=~=~~} ~~~~---ii " I :--: ,-,-I :--1'1".. ?c.,-l[:'..; }-...J.....".,<....J.~i ,"".r-,.) ;-.,..-.1 '-,r-"'-'\r----.,........--.i. .,-~.-.".._~. .J J L 'I (=1' . t:t~H '----L..~..' ..'.....' '--I i--.r-' ;-.Lr-..... :'----["f ,-.......1.."-/ .c........J..! 'I I II! 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"". :? l : I I lil;l I " J\ //y'" __--~. ,I I )'j' ,j\.. --.,.- I Ii ,)! i ! 1 ~.~, .,," \ l: ~-: ,j.'.'1I ;' l ...~"P;T /./ l' t .. ." 'f ; ( iPr./., ,_,::.'" N.. Residential sewer service will be provided by the City of Owasso. Residential water service however, will be provided by both the City of Owasso and Washington County Rural Water ANALYSIS The applicant is requesting this annexation petition in order to eventually accommodate residential development. Tract "A" contains approximately 10.02 acres with Tract "B" containing approximately 6.98 acres and Tract ..C" containing approximately 13.54 acres, more or less. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. SURROUNDING ZONING North: RE (Residential Single Family Estate District) - Tulsa County South: RE (Residential Single Family Estate District) East: RE (Residential Single Family Estate District) - Tulsa County West: AG (Agricultural District) - Tulsa County PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING LAND USE North: Residential- Single Family South: Residential- Single Family East: Vacant West: Vacant EXISTING LAND USE Vacant LOCATION See attached legal description. the N. a legal Owasso a three tracts land totaling more or are located on the south side 106th 8t N., approximately Garnett Rd. and l06th N. intersection. general area description are attached your infonTIation and review. OA 03=03 (Michael Ray Sharp -17-21-14) STAFF REPORT CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Application 3. City of Owasso Annexation Policy. 4. City of Owasso Procedures for Annexation. S. Legal Notice. RECOMMENDATION Staff recommends approval of the request by the Michael Ray Sharp to annex into the corporate limits of the City ofOwasso approximately 30.54 acres, more or less. OWASSO ANNEXATION COMMITTEE The Owasso Annexation Committee reviewed the proposed annexation at their :February 26, 2003 Special Meeting. . At that meeting, the Annexation Committee unanimously recommended approval of the request TECHNICAL ADVlSOR.Y COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their February 26, 2003 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. If this Commission approves the annexation petition, the petition win be forwarded to City Council for final review and approval. m Reporter. The required legal notification win continue ~C~ 00 A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy. Staff feels that the annexation of this property would prove to advantageous to the stated goals and objectives of the Owasso 2010 Master Plan. District. The division of service is similar to that of the Bailey Ranch Estates and Sawgrass Park at Bailey Ranch Additions. 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 395 feet West of the Southeast Corner of the Northeast Quarter (NE/4) of the Northwest Quarter (NW/4); thence North 770 feet; thence West 717 feet; thence North 550 feet; thence West 28 feet; thence South 1,320 feet; thence East 745 feet to the Point of Beginning, aU in Section Seventeen (17) Township Twenty-one North (21 N), Range Fourteen East (14E), Tulsa County, Oklahoma; And Beginning at the Northwest corner of the Northwest Quarter (NW /4) the Northeast Quarter (NE/4) of Section Seventeen (17), Township Twenty-one North (21 N), Range Fourteen East (14E), Tulsa County, Oklahoma, thence South 1,322,72 feet; thence East 330,63 feet; thence North 1,322.76 feet; thence West 330042 feet to the Point of Beginning; And A land in Northeast (NE/4) the Northwest Quarter (NW /4) of Section Seventeen (1 ,Township Twenty-one North N), Range Fourteen East (14E), Tulsa County, described as follows: Beginning South of the Northeast of said Northeast Quarter (NE/4) of the Northwest Quarter (NW /4); Thence West 395'; thence South 770'; thence East 395'; thence North 770 feet to the point of beginning; 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\SHARP STATE OF OKLAHOMA ) ) 5S COUNTY OF TULSA ) This instrument was acknowledged before me on the ""2)Oday of January, 2003, by David Eo Charney, as attorney for Owasso Land Trust, LLC, an Oklahoma limited liability company, and Michael Ray Sharp. /"':1 , r\ 11 G'\ .~ ~\:"..J!',VL~ BY~ f CHARNEY 8: CHARNEY, p, ATIORNEY FOR PURCHASERS: OWASSO LAND TRUST, LLC OWNER: Dated this j CJ day of January, 2003. Adopted by City Council on March 1, 1988. 10 While there is no minimum tract size, properties of larger than 20 acres are preferable. 20 Ail properties should be contiguous to existing City limits. 30 All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural lAG). 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 zoningo 4. AI! public infrastructures t[,at 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. S. Where a City limit boundary .ends at a dedicat~d 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. S. 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 for the or Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. City of Owasso Communiry Development Department [II North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (918) 376-1543 Fax: (918) 376~1597 7. If the proposal is approved by the City Council, an Ordinance \.\'ill be prepared. approved, published, and filed of record with the office of the County Clerk, with i1 map of the property annexed. 6 City Council Hearing and action on the proposal. 5. Notice published two consecutive weeks in the OW:lSSO Reporter at the applic::lnt's expense of a City Council Hearing which include a map and text of the proposeJ annexation. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 3. Notice published once in the Owasso Reporter at the applicant's expense ofa Planning Commission Hearing which will include a map and text of the proposed annexation. 2. Review by a Standing Annexation Committee and recommendation to the PlanninU' :::J Commission and City CounciL L Submission to the City Planner of an application amI petition and an administrative fee as prescribed by Ordinance. ~~EN SPONSORED Al\fNEXATION: 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. 6. City Council hearing and action on the proposaL 5. Notice published two consecutive weeks in the Owasso Reporter of a City COlIneil Hearing which will include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. and recommendation to the PlJnni Review by a Standing Annexation Commission and City Council. 2. Notice published tV\lO consecutive weeks in the O\vasso Reporter of a Planning Commission Hearing which will include a map and text 0 f the proposed anne:c:uion. L City Council direction to study the annexation of property. - ,( COUNCIL SPONSORED Ai'fNEXATION: PROCEDURES FOR ANNEXATION You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 30th day of January, 2003, and that said petition will be presented to the City of Owasso Planning Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00PM on the lOth day of March, 2003. NOTICE TO THE PUBLIC Owner: Michael Ray Sharp Dated this 30th day of January 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 395 FEET WEST OF THE SOUTHEAST CORNER OF TIffi NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW/4); THENCE NORTH 770 FEET; THENCE WEST 717 FEET; THENCE NORTH 550 FEET; THENCE WEST 28 FEET; THENCE SOUTH 1,320 FEET; THENCE EAST 745 FEET TO THE POINT OF BEGINNING, ALL IN SECTION SEVENTEEN (17) TOWNSlllP TWENTY-ONE NORm (21N), RANGE FOURTEEN EAST (14E), TULSA COUNTY, OKLAHOMA, CONTAINING 13.54 ACRES, MORE OR LESS; AND BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW/4) OF THE NORTHEAST QUARTER (NE/4) OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY-ONE NORTH (21N), RANGE FOURTEEN EAST (14E), TULSA COUNTY, OKLAHOMA THENCE SOUTH 1,322.72 FEET; THENCE EAST 330.63 FEET; THENCE NORm 1,322.76 FEET; THENCE WEST 330.42 FEET TO THE POINT OF BEGINNING, CONTAINING 10.02 ACRES, MORE OR LESS; NORTHEAST (NE/4) NORTHWEST (NW/4) SEVENTEEN (17), TOWNSIIIP TWENTY~ ONE NOR1ll (21N), RANGE FOURTEEN EAST (14E), COUNTY, DESCRIBED FOLLOWS: BEGINNING 550' SOUTH OF NORTHEAST CORNER SAID NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW/4); TI-IENCE WEST 395'; THENCE SOUTH 770'; THENCE EAST 395'; THENCE NORTH 770 FEET TO THE POINT OF BEGINNING, CONTAlNING 6.98 ACRES, MORE OR LESS; AND The undersigned, constituting not less than three-fourths of the registered voters and being owners 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 OW ASSO, OKLAHOMA PETITIQN FQR ANNEXATION City Planner 11111 at See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, Hall, 111 N. Main, Oklahoma, 74055 or by 1 All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18111 day of March, 2003. The annexation petition was reviewed at the February 26, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNICAL ADVISORY COMMITTEE: A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy with the exception of tract size. Staff feels that although the annexation does not meet the tract size requirement in the City's policy, the annexation of this property would prove to be advantageous to the stated goals and objectives of the Owasso 2010 Master Plan. The land use of the site was delineated on the 2010 Master Plan as public in nature. It is staff assumption, however, that the area delineated on the Master Plan was for the sole purpose of locating the Bailey Ranch Elementary School and was not an inflexible land use designation. The applicant is requesting this annexation petition in order to eventually construct a medical office facility. The property is currently zoned RS (Residential Single Family District) in Tulsa County and would remain this same zoning classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. Residential sewer and water service will be provided by the City of Owasso. ANALYSIS: The City of Owasso has received a request from The United Pentecostal Church, applicant/owner, for the annexation of approximately 2.66 acres, more or less. The subject property is located on the north side of E. 96th St. N., approximately 2,640 feet east of the N. 97th A ve. and E. 96th S1. N. intersection. A general area map and a complete legal description are attached. BACKGROUND: March 11., 2003 ROBERT MOORE THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 10 General Area Map. 20 Planning Commission Staff Report (w / attachments). A TT AClflVIENTS: Upon Planning Commission approval, the item will be scheduled the March 2003 regularly scheduled City Council meetingo on Monday, annexation petition will by the 20030 Staff will recommend approval The Owasso Annexation Committee reviewed the annexation petition at the February 26, 2003 special meeting, At that meeting, the item was unanimously recommended for approvaL ANNEXATION COMI\HTTEE: PH: (918) 376-1500 FAX: (918)376-1597 www.cityofowasso.com III North Main Street P.O. Box 180 Owasso, OK 74055 CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT g Michael Ray Sharp OA 03-03 GENERAL AREA MAP2-19-03 !l , j 'J ~~'-~,==_~~ _i~~~~ I~~~r~~~-';-~~i \j ~ t&~ -~~-...... 1:~ ~ll -~ - ,~jl -~~1""o.-l'T.:I;f,~"~t><'TP-lM'j'..Nt:~-'"'"5ti'-.,,'i' r,J ~- ~ J 0 c~c_--.,_~.,-> .~l I^,^'l --~~~:~ \ .~~'---<,_~~-11l.J~_1 ,r---:---: ;;-;--~--~-~. Pi "'i-)"- -.- -- ,~ ..,"' ~ '" -. 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' ; lU 'J"'-<-~;' -...~~~/ J / 'J '(,' / ," ,- ,~----c ~ '.., '," r,-"'-rn H--4 ;.-1'............ ~I ' I~I -(. r 1__1 n.<iI>I'lj~Q:<'3r~J r .....,...~-"-........-I ......... ',..,/ 1"..... ,II (,' y,itE'l i:--r~-1>--!--II,r, " I ~! ItLLiL~ r-'h" C"-;! F~-t,(J I':"_!_~;...J L /;,,>/Ij. r1 r-;--! C::r=j tttfT.t:Tr--1 -1 j' , --~ I-'~ 11 '7 ~ ~ ,-.11 f r-i--~ '~< ........ oi,':-' 1--1 ~...., r _ '-'"' ,.......J I Ij[(yf \ r" H 1-- '"' ,', ~,I f----.L._,-l i--,.J , '-.:."., y, r I "r'.. 1:"11 I 1 ' , r- II' rT--' I L_, ~J.t.'.......~/\"=1 >-~...(-,. {.-/ :---.......i /",.,1,--......[ I rl.....~f~~:-rL 'I" .t'-t"...L...~tT)r~t+.L";~ l-T --11 t' I ..c:l !_~~ .! < -", :--("'1. 'J~~__~ ~ \ 1'1 I n 1 !! i I I ' , ; ,l I I I I I ; t I ~:-:;.--&C.l::-jll--1 c".;'~J.'''' / (-.-JT'~ ':--1 ~ t-7.~':::r~1 ~ ~':-:--~~,' III ~.~.--:: --rl'~ :5f::./ c::j : .1." ,-~/ ! i ,.,'...../ I Ci!-I I ! ! i ! I ! ~.-'-.-! : i I ! I LL I : I ,-~ . i I !-::t ;--r-I 'o~~ t- t\~ ",,' ,~~~~-\ :~-----; L__ _ .,-i-ri '-~~.~ "-i ;-+-1 rTM-j-i 1 -:-i"; i-! ; ..--}- -j ._'-::\ ,.r-, ..',. '-...' " ,.~ 'I I ' 'ill f--I ", . ! I ' I ,'---,....-, , ' L ' , , .: .-,.__.J ~Er.\;~V;=1 '<<S;~:~{\\3: h~~ i~:-l-:~'~~r~i F=S CG.LC;_L~~ ~~1 i I ,j , j 1 , j. /0" i' .oj! A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy with the exception of tract size. Staff feels that although the annexation does not meet the tract size requirement in the City's policy, the annexation of this property would prove to be advantageous to the stated ANALYSIS The applicant is requesting this annexation petition in order to eventually construct a medical office facility. The property is currently zoned RS (Residential Single Family District) in Tulsa County and would remain this same zoning classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. Residential sewer and water service win be provided by the City of Owasso. SURROUNDING ZONING North: RS (Residential Single Family District) - Tulsa County South: RS-3 (Residential Single Family High Density District) East: RS-3 (Residential Single Family High Density District) West: RS (Residential Single Family District) - Tulsa County PRESENT ZONING RS (Residential Single Family District) - Tulsa County SURROUNDING LAND USE North: Residential - Single Family South: Residential- Single Family East: Residential - Single Family West: Public - Owasso Public Schools EXISUNGL\ND USE Vacant LOCATION See attached legal description. theN. legal applicant/owner, property located on the north side 97h Ave. and N. description are attached. a OA 03-04 (United Pentecostal Church ~ STAFF REPORT CITY OF OWASSO COlVIMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS L General Area Map. 2. Applicant's Annexation Application. 3. City of Owasso Annexation Policy. 4. City of Owasso Procedures for Annexation. 5. Legal Notice. RECOMMENDATION Staff recommends approval of the request by the United Pentecostal Church to mmex into the corporate limits of the City of Owasso approximately acres, more or less. OWASSO ANNEXATION COMMrITEE The Owasso Annexation Committee reviewed the proposed annexation at their Febmary 26, 2003 Special Meeting. At that meeting, the Annexation Committee unanimously recommended approval of the request. TECHNICAL ADVISORY COMMrITEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their February 26, 2003 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. Staff published legal notice of the annexation petition in the Febmary 20,2003 edition of the Owasso Reporter. The required legal notification will continue for three consecutive weeks prior to City review of the petition. Furthermore, has received no calls or correspondence concerning the request. wIH be torwarded to reVlew goals and objectives of the Owasso 2010 Master Plan. The land use of the site was delineated on the 2010 Master Plan as public in nature. It is staff assumption, however, that the area delineated on the Master Plan was for the sole purpose of locating the Bailey Ranch Elementary School and was not an inflexible land use designation. PLEASE SEE ATtACHED CALlFORNIA AU-PURPOSE ACKNOWLEDGEMaIT BY NOTARY PUBLIC PETITIONER: UNITED PENTECOSTAL CHURCH By ~-fil:e~ Jk~ Mickey Graham I 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 Cityo Dated this ~ day of February 2003. strip, piece or parcel of land beginning SE corner of Southwest Quarter, thence W 400', N 320', E 399.11', S 320' to point of beginning, less the S 30', thereof Section 18, Township 21 North, Range 14 East, Tulsa County, Oklahoma; containing 2.660 acres, more or less; , constituting than three-fourths of the registered the owner mot than three-fourths (in value) wit BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION .--1- 01/20/2003 11::1:35 9182724742 KELLER WILLIAMS REAT PAGE 04 ~. \IF ~~Ik ~J.\\ ~ , '" m ,~." I ~ r ~. r..f,. ~. t'P , a " I u _ " I .."" I- e 0 ~ t> f8 'b> w ~.1:~ ~ ~ ~ .0;, (0 1 ! "" ~ J" "f. ...", "" r "... 0""3. "'- '\" Adopted by City Council on March 1, 1988. 1" V'lihi~e 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, tmt is, Agricultural lAG). 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 Inon~conforming, which means that they may continue but cannot be expanded without proper zoning. 4. Ai 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 fa:;:i!ities must be improved at owners expense by the establishment of a special assessment district or some other financing method. S. Wlere a City limit boundary ends at a dedicatE?d stree~, .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 filllowing annexation policy for the City of OW3SS0 is provided as a guideline and should not bll construed as inflexible requirements for annexation. ANN N PO City of Owasso Community Development Department III North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (913) 376~1543 Fax: (918) 376-1597 ~~... ~...C" ~Ot;~., K~ ----." 'b, r.--... ,I.., i". V::.::" ~~_f.~\1"\ * r~\(?~.~~ ~~!/)..;/:! ~~ "'. '')J.Y i \ - ., " / ' \ ':>,~,.y ., \~/' ~~ ::JF THE 'f~\" '" 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approveil, published, and filed of record with the office of the County Clerk, with a n1Jp of the property annexed. 6 City Council Hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter at the applic::wt's expense of a City Council Hearing which include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommemlation to the City Council 3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which will include a map and text of the proposed annexation. 2. Review by a Standing Annexation Committee and recommendation to the PlanninL7 w Commission and City Council. 1. Submission to the City Planner of an application and petition and an administrative fee as prescribed by Ordinance. ~EN SPONSORED A'JNEXA TION: 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved9 published, and filed of record with the office of the County Clerk, with a map of the property annexed. .... . .. 6. City Council hearing and action on the proposal. 5. Notice published two consecutive weeks in the OW::lSSO Reporter of a City Council Hearing which will include a map and text of the proposed annexation. ty 'Planning Commission Hearing on the proposal and recommendation to the CounciL 4, and recommendation to the Planni a Standing A!l.l1exation and City Council. 3, 2. Notice published tiVO consecutive weeks in the O\vasso Reporter of a Planning Commission Hearing which will inc:lude a map and text 0 f the proposed annexation. l. City Council direction to study the annex:ltion of property. -,( COUNCIL SPONSORED ANi\iEXA TION: PROCEDURES FOR AN~EXATIO:'l Robert Moore City Planner ~ Dated at Owasso, Oklahoma, this 11th day ofFebmary, 2002. See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, 111 N. Main, Owasso, Oklahoma, 74055 or by phone (918) 376-1543. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18th day of March, 2003. You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 6th day of February, 2003, and that said petition will be presented to the City of Owasso Planning Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00PM on the 10th day of March, 2003. NOTICE TO THE PUBLIC Owner: United Pentecostal. Church Dated this 6th day of February 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. , W 400', N , E 399.11', S 320' S 30'. THEREOF SECTION 18, TOWNSHIP NORTH, RANGE COUNTY, OKLAHOMA; COJ\fTAINING The undersigned, constituting not less than three~fourths of the registered voters and being owners 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 OW ASSO, OKLAHOMA PETITION FOR ANNEXATION The property is currently zoned AG (Agricultural General District) in Tulsa County and would Pinally, the applicant has had preliminary discussions regarding the donation of the remainder of land to the City. City staff has been working tirelessly with several land owners and government agencies to acquire property in the area described in the annexation petition to construct what could become a 100 - 200 acre off-road bike park. The preliminary plans also include some perimeter walking trails and other family oriented amenities. The land donation, although occurring some time in the future and after floodplain feasibility studies, would become the second phase of the proposed off-road mountain bike park. Purthermore, the applicant is requesting this petition in order to construct viable, sales tax producing commercial sites along E. 76th St. N. The applicant has informed staff that the proposed use of the tract would include commercial developments offering a more appropriate "gateway" into the City from the west on E. 76th St. N. Upon successful floodplain fill permits along E. 76th St. N., the applicant will begin the rezoning and platting process for this area of the property. The purpose of the applicant's annexation request is three-fold. First, the City of Owasso is aggressively attempting to locate a large plastics manufacturer along the eastern boundary of the subject property. The applicant has graciously worked with both the Community Development and Economic Development Departments in attempting to convince the manufacturer to locate in the City of Owasso. In addition to keeping the City's best interest in mind, the applicant has also agreed to begin the planning process which at this point includes annexation, rezoning and eventually, the platting of the property. ANALYSIS: The City of Owasso has received a request from Allen and Doris Robinson, applicant(s)/owner(s), for the annexation of approximately 150.51 acres, more or less. The subject property is located on the south side of E. 76u1 51. N., at the southeast corner of the N. 97th Ave. and E. 76th St. N. intersection. A general area map and a complete legal description are attached. BACKGROUND: March 11, 2003 ROBERT MOORE CITY PLANNER FROM: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. General Area Map. 2. Planning Commission Staff Report (w / attachments). ATTACHMENTS: Upon Planning Commission approval, the item will be scheduled for the March 18, 2003 regularly scheduled City Council meeting. The annexation petition will be heard by the City of Owasso Planning Commission on Monday, March 10, 2003. Staff will recommend approval of the request. PLANNING COMMISSION: The Owasso Annexation Committee reviewed the annexation petition at the February 26, 2003 special rneeting. At that meeting, the item was unanimously recommended for approval. ANNEXATION COMMITTEE: The annexation petition was reviewed at the February 26, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. TECHNICAL ADVISORY COlVIMITTEE: copy or the Annexation Policy is attached your information and The subject property meets the requirements included within the policy. Staff feels that the benefits annexing a as this any an action. remain this same classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. Residential sewer and water service will be provided by the City of Owasso. PH: (918) 376-1500 FA. 'C: (918) 376-1597 www.cityofowasso.com III North Main Street P.O. Box 180 Owasso, OK 74055 TIllS MAP IS FOR INFORMATIONAL PURPOSES ON!. Y AND IS NOT lNl'ENDED TO REPRESENT AN AcruRA'IE AND TR UE SCALE. USE OF TIllS MAP IS WITHOUT wARRANTY OR REPRESENT AnON BYTHE crry OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT OF ITS ACCURACY. NORTH CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT o Allen and Doris Robinson OA 03-05 GENERAL AREA MAP 2-19-03 !~ i I " I [:iEJ ~~~;]j I -76th.St..N.."~ ~".,,' ,"" ~ ~ I Iii ; I! ! if"r' t I ' . .._..c~." I ' " "..,d",.. \ : h-1 ~'Tl !: !r'''~\'. ' "_.~, - _..J-,: I-i ,.-.....,. \ ,-----; j I i :-_-2_ -i \! I' I , '-1 1 ' '~..:;---::;-;,-J' 1 II , \ I_I J' l I ,--~--( ~ -l I__.JJ ...:.-:::....., I I /'1' \ TtiL~D+':~-Eij=ii~r-- C' \ ; i ~ j r-----~l t.~..r-1 j ! I ; I j j i....--: ;"""';--11 :! 1 , " --~-:-<-"--;"'---"""-"i \ r l :i ~ i L~.Jl!: i! " Ii i ~ I !i ; t / "c i i i I J I "",,- '-'-' I . I ) <.lV-v ,-..,-j C'S' th _'A 1..----1 ....'1 O'\. :.1' 1'1' . :AVC;,..--; ,'. :;, ~ ' , .' . III1 " . / ~(),'S ~ 0"1 L_l,_, !..-l.~..l_l j J" "" '!1 ,Jll\ ' ; i ~ r": .ill \ J'.':, i: 1 ' ,t, " ,--_.. ,"'--"'-'-'''' .j. ~ 1 ...:/~.L~::~:,~~:::::., ..i,-----.-..,~.---ITj:~.--~~:.~.-.-11.j. ",,-:.0.. '., i 'I, ! . .......'.~ \'1 '1, : j I :;::It'$ ..\.! ! , , :::s- <5 ,', ' 1. ' . '.1 .i C) I '" " . ! Cj' '.1 . 'ji , 1 ! " ~ 1'f.. q ,:; 11 p ~ I 0 ,~ ,~~ _Gl} ,,~ "i!:I-:). .ikn W';i':I ~~ ~.ll 1 '; f .'~ : .~ 1 !-=-~'7'_=--~~-==-~-=~~-----~_J : 1 J ;' ! !() 1. ~, ! ji I.' ; ~ .. : I ill. ' j; \' : j ! i ] I j:.. ' j f I 1 ,~ " 1 '/ I J" '" ' 1; I' " ' ;4' . l'---------r.--.--~-:::-.-.,~.----- -.--,,'-. 1 *:a L<~ $l1J ~lll ~\ "' ..._,:~.:: ~~~~_~_~._~-=-:-_:_. ~ f-...J i 1 I j J' 1: j; I, I 1 I l j j J '_..~-, .\ ""l \ ',~. .\ \," "1 \. \'1:' \ ' \. \ \. . '\> " ), '" ~J ----' .__.,-~ ' .____ ____ .u._ --.__.. ~_.__.._~._- -~----_. -------,. . . _.._. __._'U' ._'..___. Furthermore, the applicant is requesting this petition in order to construct viable, sales tax producing commercial sites along E. 76th St. N. The applicant has informed staff that the proposed use of the tract would include commercial developments offering a more appropriate "gateway" into the City from the west on E. 76th St. N. Upon successful ANALYSIS The purpose of the applicant's annexation request is three-fold. First, the City of Owasso is aggressively attempting to locate a large plastics manufacturer along the eastern boundary of the subject property. The applicant has graciously worked with both the Community Development and Economic Development Departments in attempting to convince the manufacturer to locate in the City of Owasso. In addition to keeping the City's best interest in mind, the applicant has also agreed to begin the planning process which at this point includes annexation, rezoning and eventually, the platting of the property. SURROUNDING ZONING North: IT. (Industrial Light District) I CH (Commercial Hlgh Intensity District) South: AG (Agricultural District) - Tulsa County East IT. (Industrial Light District) I CH (Commercial Hlgh Intensity District) West: AG (Agricultural District) - Tulsa County PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING LAND USE North: VacantlIndustrial/Civic/Public South: Vacant East: Residential- Single FamilylPubliclIndustrial West: Vacant EXISTING LAND USE Vacant LOCATION See attached legal description. 1 acres, more or southeast comer the N. a legal BACKGROL~1J) The City of n3_<> receIve a a applicant(s)/owner(s), for the annexation approximately subject property is located on the south side 76th N., at 97th Ave. and N. intersection. general area description are attached your information review. OA 03=05 (Allen and Dons Robinson .~ STAFF REPORT CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTl\iIENT RECOMMENDA nON Staff recommends approval of the request by the Allen and Doris Robinson to annex into the corporate limits of the City ofOwasso approximately 150.51 acres, more or less. OW ASSO ANNEXATION COMMITTEE The Owasso Annexation Committee reviewed the proposed annexation at their February 26, 2003 Special Meeting. At that meeting, the Annexation Committee unanimously recommended approval of the request. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their February 26, 2003 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. Staff published legal notice of the annexation petition in the February 20, 2003 edition of the Owasso Reporter. The required legal notification win continue for three consecutive weeks prior to City Council review of the petition. Furthermore, staff has received no phone calls or correspondence concerning the request. If this Commission approves the annexation petition, the petition will be forwarded to City Council for final review and approval. A copy the Annexation Policy is attached for your information review. The subject property meets all of the requirements included within the policy. Staff feels that the benefits of wmexing a piece of property such as this outweigh any of the potential negatives of such an action. property is currently District) would remain this same classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' will be notified. All development that occurs on the subject property must adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. Residential sewer and water service will be provided by the City of Owasso. Finally, the applicant has had preliminary discussions regarding the donation of the remainder of land to the City. City staff has been working tirelessly with several land owners and government agencies to acquire property in the area described in the annexation petition to construct what could become a 1 00 .~ 200 acre off-road bike park. The preliminary plans include some perimeter walking trails other family oriented arnenities. nl!~ although occurring some in future floodplain would the ~p.r:nnrl floodplain fill pennits along E. 76th St. N., the applicant will begin the rezoning and platting process for this area of the property. ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Application. 3. City ofOwasso Annexation Policy. 4. City of Owasso Procedures for Annexation. S. Legal Notice. ....t'i'A":</.,.. LARRY R KORNEGAY .'~'.J-', TtJlsa County ( ~:.~L)) NO!.'J"j Publtc.n and for ~Un~~0;."/ Stale of Oklahoma "'''''''o' My .;orm/:;;IC.' eJplres Aug. 24, 2004. 22502 .(~;fl/l";'I.J:I c<;TJ II j3 (, 6- ;) ~, )o-e. i My Commission Expires: ./~~ STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) 1{ This instrument was acknowledged before me on the E day of February, 2003, by Allen Robinson and Doris Robinson. . t/j'~ I?~~ Allen Robinson ~A ('\" / - ;J,'~000:J.-<:":v""'" Doris Robinson OWNER: 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. Dated this IZrYday of February, 2003. All of Government Lot Two (2) and that part of the Southeast Quarter of the Northwest Quarter (SE/4 NW /4) and that part of the North 2.00 feet of Lot Three (3) and that part of the North 200 feet of the Northeast Quarter of the Southwest Quarter (NE/4 SW/4) of Section 31, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, lying west of the AT.aSoFo Railroad Right of Way; \'\ All of Government Lot One (1) and the Northeast Quarter of the Northwest Quarter (NE/4 NW/4) of Section 31, Township 21 North, Range 14 Tulsa County, State of Oklahoma, according to the UoS. Govemment Survey thereof, LESS AND EXCEPT the West 987 feet of the North 417042 feet of said Northeast Quarter of the Northwest Quarter and LESS AND EXCEPT the North 233 feet of that part of the Northeast Quarter of the Northwest Quarter lying east of the west 987 feet,thereof and west of that part of the Ao T.aS.F. Railroad Right of Way in said Northeast Quarter of Northwest Quarter; and ,/ 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 WO~106lil I'!LE41 :/114.::1140 DATI':: 02/11/03 -====-==, Benchmark Surveying and Land ~ervkes, Inc. p.O.!lo:< 1076 PHON'" (918) ~74-'O!l OWA3ro.OK. 7t1C15 . FAX, C9IiIV4J)l(J1 c.A. NO. :l2.l5 ext' bAte 6/30f()!j II::' 89'46'''~'' E 383,46 \ \ .~ '"C \\ 0 r\ 0 I \ ~ J:: ;:; I ~ 06 "I~ 0:: ~I~ ~I~ ~ I I~ en I I ~~ J I 78 PI/W r= I I " I <II( JU7. (Ui" / R=373'?,f'z" I --.... 26. 00 ' / S 76025'18" It / ~ / .. /,~ / ~." / ~~ / ~~ /~ / / 67.84 ' S 13'84'42" 1f 2217.82' N 89048'02" 'If N 76025618" ." tOO.OO' SOUTH LINE: LOT 1 ~iHLiNELOT2------ 150.51 Acres - -- - ~ - ~ - -- - - r Y' ..- "- -- - -. .-. -.... ..... - -- fSO"-- f5"- - - ~ - - . - -, em '" S 8fr48'4S'" E ~ IS' P.S.O. EASEMENT IF.Hll..... OD'll' ~ (eK. 5139, lOG. IHO) ;;;g E. V S O'1S'14" W N O'13'U" .E <117,420 ftU,42@ S 89'46'48" E 13Z6.'I1J ' 1 North ~ ~-V I Exhibit of Part of the NW/4 of Section 31 T-21-N~ R-14-E II Feb. 11 2003 12:2SPM P1 rAX NO. : 3416067 I' ",uf'l . tlt::I'.I...HrIH"'", ::.:.ukUt: r ! flu ~ ~~ ~~ @"" ~ ~i ~ & i w Z ;;j I- ~ ~ ~ MASS CAP NW CORNal SECTION 31 r 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 a1:Mer financing method. 5. Where a City limit boundary ends at a" dedicat?d 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 Ci1:y boundaries are. a. 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 Owasso Community Development Department III North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (918) 376-1543 Fax: (918) 376-1597 ~""'~ r&'I 'J" .. 'A3~Sq :~."\. ",t- . ('4.... .'\ ~~'o..' AO' r'-~ ,"j., v" 1"\ ""'~.'V)" \ ,f ~ ......t,,"- ~ '-': )*i ",*", \\~:~.y) l' \'.~:~/ t "\\\~V./// '- ~.r# ~~~ W"o,t.::l>rl t"'\3a ~;h~ r_'~"f'C4:1 A\ll'~ l\Jf~rr>1-~ 1 i QC)q 7. If the proposal is approved by the City Council, an Ordinance v\;tll be prepared. approved, published, and filed. of record with the office of the County Clerk, with u n1:1p of the property annexed. 6 City Council Hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter at the app!ic3ot's expense of a City Council Hearing which inclw.k a map and text of the proposeJ annexation. 40 Planning Commission Hearing on the proposal and recommentlation to the City Co unci l. 3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which will include a map and text of the proposed annexation. 2. Review by a Standing Annexation Committee and recommendation to the PlanninlY :::J Commission and City Cauncil. L Submission ta the City PlalU1er of an application and petition and an administrative fee as prescribed by Ordinance. ~EN SPONSORED A.~XATI0N: 70 If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. . . . 6. City Council hearing and action on the proposal. 5. Notice published two consecutive weeks in the Owasso Reporter of a City Council Hearing which will include a map and text of the proposed annexation. 4. . Planning Commission Hearing an the proposal and recommendation to the Lay Council. recommendation to the Planning ttee ~'" n S~~"d;r!a VJ a -,,<H' UI.;:) City Council. '1 .J, ) Notice published t\\/O consecutive \veeks in the OWIJ.SSO Reporter of a Planning Commission Hearing which will include a map and text of the proposed annexation. 1. City Council direction to study the armex:1tion of property. . -~. COUNCIL SPONSORED ANNEXA IrON: PROCEDURES FOR ANl\EXA TION See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, III N. Main, Owasso, Oklahoma, 74055 or by phone (918) 376-1543. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18th day of March, 2003. You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Ow as so on the 11th day of February, 2003, and that said petition will be presented to the City of Owasso Planning Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00PM on the lOth day of March, 2003. NOTICE TO THE PUBLIC Owner: Allen and Doris Robinson Dated this 11th day of February 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. All of Government Lot Two (2) and that part of the Southeast Quarter of the Northwest Quarter (SE/4 NW/4) and that part of the North 200 feet of Lot Three (3) and that part of the North 200 feet of the Northeast Quarter of the Southwest Quarter (NE/4 SW/4) of Section 31, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereot: lying west of the A.T.&S.F. Railroad Right of Way; All the Northeast Quarter the Northwest Quarter (NE/4 NW/4) 31, Township North, Tulsa County, State Oklahoma, according to Survey thereof, EXCEPT the West 987 feet North 417.42 feet said Northeast Quarter the Northwest Quarter and LESS AND EXCEPT the North 233 feet of that part of the Northeast Quarter of the Northwest Quarter lying east of the west 987 feet thereof and west of that part ofthe A.T.&S.F. Railroad Right of Way in said Northeast Quarter of Northwest Quarter; and The undersigned, constituting not less than three-fourths of the registered voters and being owners of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to-wit: BEFORE TIffi HONORABLE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA PETITION FOR ANNEXATION Robert Moore City Planner ~ Dated at Owasso, Oklahoma, this 11 th day of February, 2002. Additionally, staff has been made aware of changes that are to occur to the industrial property to the south. The property owner has informed staff that the potential for commercial rezoning requests along the south side of E. 761h N. are inevitable. Staff feels that commercial developments along E. 761h St. N. are far more appropriate than industrial uses serving as a Furthermore, this approval would seem to be more appropriate than the original 2010 Master Plan designation. Staff feels that the areas designated as park and recreational to the west of Mingo are more than sufficient to serve the recreational needs of the area and still allow for the construction of viable, sales-tax producing commercial sites. Therefore, staff would be in favor of a CG (Commercial General District) zoning designation rather than an IL (Industrial Light District). A commercial zoning designation would still allow retail and civic uses, but would limit the expansion of industrial uses to the west. The Owasso 2010 Master Plan identifies the subject property as having a future land use of park and recreational. The applicant's proposal would seem to be inconsistent with the Comprehensive Plan in that the applicant is requesting an industrial zoning classification. However, staff feels that by the original approval of the construction of the Sertoma building, a change in the development pattern of the area has been created. ANALYSIS: This item was tabled from the February 10, 2003 Regular Meeting. The application requested to rezone approximately 5.01 acres, not the 1.019 acres of the property that was annexed in August. The application has been corrected and a revised legal notice appeared in the February 20, 2003 edition of the Owasso Reporter. The City of Owasso has received a request for the review of a rezoning for approximately 1.019 acres, more or less. The subject property is located on the north side of W. 2nd St. approximately 1600 feet west of the W. 2nd St. and Main St. intersection. The applicant is proposing to rezone the subject property from AG (Agricultural General District) to IL (Industrial Light District). In addition to civic functions, the applicant is proposing to utilize the facility for various auction and retail uses. A general area map and a complete legal description have been attached for your information and review. BACKGROUND: ROBERT l\tIOORE CITY PLANNER THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM 1. General Area Map. 2. Planning Commission Staff Report (w / attachments). ATTACHMENTS: Upon Planning Commission approval. the item will be scheduled for the March 18, 2003 regularly scheduled City Council meeting. The rezoning request will be heard by the City of Owasso Plazming Commission on Monday, March 10, 2003. Staff will recommend approval of the request subject to a change in the request from IL (Industrial Light District) to CG (Commercial General District). 2003 regular meeting of the provided no comments. The rezoning was reviewed at the January Technical Advisory Staff or utility TECHNICAL ADVISORY COMMITTEE: "gateway" into the City of Owasso. Staff has also been informed by the Community Development Director that both the north and south sides of E. 76th S1. N. are proposed for a combination of commercial and park I recreational uses in the current update of the Comprehensive Plan. PH: (918) 376-1500 F~X: (918) 376-1597 www.cityofowasso.com 111 North Main Street P.O. Box 180 Owasso, OK 74055 Sertoma Club of Owasso CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT g OZ 03-01 GENERAL AREA MAPZ-19-03 , ._J ; '-----i I ; i I i i \ ; I I I i I I 'l.;;;:;-;;;-;-".l"%W'xf;U)l,,,,,q!1}Jf,JJJlIL,e,[ . iJ Tulsa County J."" ,,",,_ ~. I 1: ~. ~. ~ t' 0'\ '>;'~l ) ....'" --_.~--..... '_.~,--., --- \. \. ._h__O ~-- ",- - ... ~._., -- --'-'--- ---..... '. ~_.., .-< --- -,----.- -.---_._- ~-: .. . .' i. ~."'" '<lJ-3 .....J ZONING REQUIREMENTS If the application is approved, the subject property would be zoned IL (Industrial Light District). According to the City of Owasso Zoning Code, auction houses and retail uses are permitted by right in the IL zoning district. SURROUNDING ZONING North: AG (Agricultural General District) South: IL (Industrial Light District) East: IL (Industrial Light District) West: AG (Agricultural General District) PRESENT ZONING AG (Agricultural General District) SURROUNDING LAND USE North: Vacant South: Industrial East: Industrial West: Vacant EXISTING LAND USE Civic LOCATION See attached legal description. This item was tabled from the February 10, 2003 Regular Meeting. The application requested to rezone approximately 5.01 acres, not the 1.019 acres of the property that was annexed in August. The application has been corrected and a revised legal notice appeared in the February 20,2003 edition of the Owasso Reporter. The City of Owasso on Club, the a 1 acres, more or less. The subject property is located on the north side W. 2nd approximately west of the W. 2nd St. and Main St intersection. The applicant is proposing to rezone the subject property from AG (Agricultural General District) to IL (Industrial Light District). In addition to civic functions, the applicant is proposing to utilize the facility for various auction and retail uses. A general area map and a complete legal description have been attached for your information and review. OZ-OJ..Ol (Owasso Sertoma Club) STAFF REPORT CITY OF OW ASSO COIVIMUNITY DEVELOPMENT DEPARTMENT ATTACHMENTS 1. General Area Map. 2. 02-03-01 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. RECOMMENDATION Staff recommends approval of OZ-03-01, rezoning approximately 1.019 acres, from AG (Agricultural General District) to CG (Commercial General District). If this Commission approves the application, this item does require City Council approval. TECHNICAL ADVISORY COMMIITEE The rezoning was reviewed at the January 29, 2003 regular meeting of the City of Owasso Technical Advisory Committee. Staff or utility providers provided no comments. Staff has received no phone calls or letters regarding this zoning request. Staff does not anticipate public opposition to the request for the rezoning. Letters were mailed to surrounding property owners on February 13, 2003 and the legal advertisement was published on February 20, 2003. The subject property was posted on February 13, 2003. Copies of both the letters to property owners and the legal advertisements are attached for your information and review. ANALYSIS As previously stated, the applicant is requesting the review of this application in order to utilize the site for retail purposes in addition to the civic functions currently underway. Additionally, staff has been made aware of changes that are to occur to the industrial property to the south. The property owner has informed staff that the potential for commercial rezoning requests along the south side of E. 76th N. are inevitable. Staff feels that commercial developments along E. 761h St. N. are far more appropriate than industrial uses serving as a <'gateway" into the City of Owasso. Staff has also been informed by the Community Development Director that both the north and south sides of E. 76& St. N. are proposed for a combination of commercial and park I recreational uses in the current update of the Comprehensive Plan. COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of park and recreational. The applicant's proposal would seem to be inconsistent with the Comprehensive Plan in that the applicant is requesting an industrial zoning classification. However, staff feels that by the original approval of the construction of the Sertoma building, a change in the development pattern of the area has been created. Furthermore, this approval would seem to be more appropriate than the original 2010 Master Plan designation. Staff feels that the areas designated as park and recreational to the west Mingo are more than sufficient to serve the recreational needs of the area still allow for viable, sales-tax: producing commercial sites. Iherefore, staff would in (Commercial General District) zoning designation rather than an IL (Industrial Light District). A commercial zoning designation would stin allow retail and uses, would limit the expansion of industrial uses to the west. OPC MEETING DATE APPROVED DENIED SUBMITTAL DATE_ FEE RECEIPT NUMBER Fee Schedule O~ 0.99 acres $75 l~ 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 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 Ow as so calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. . DATE I DO HEREBY CERTIFY THAT THE INFORMA nON HEREIN SUBMITTED IS COMPLETE, TRUE AND ACCURATE ..J'lilme of person to ~e billed for publication \S" \ \ t~, \ \, ~ VYt. .s ~ Mailing Address ~ ~ As applicant, what is your interest in this property? DPresent Owner DAgen! for Owner DPurchaser DOther DAttomey for Owner Address or General Location of Subject Property Name and Address of Record Owner GENERAL PRESENT ZONING .. _ JJrk. .~~ __' ~~. PRESENT PROPOSED ZONING~_l.l! 0 =Cz LJ1S}.-8~~) PROPOSED LEGAL DESCRIPTION OF LAND UNDER A~ION metes and bounds, attach plat of survey) f ....- A tract of land silualOO in trnISW"}{, of Sectioo 30, T~p 21 Nooh, Range 14 East of trnIlndIM EIaoo ood MooidIlm, Tuk!a Coonty. Slate of O~ ~ ~ P~~oo~.~ ~a!ttoo~OOlnlfdtoo.~p!atd ~ T~ood \ Sarna Fe", 00 00difi00 to 1m CiI.J d~ Tulsa <<::oomy, ~ ~ to til!llmmrdlldp!at~ ~ NfSl59'1~W ~~~ ~mrPlJ1'56" Wfc; 1551124 ~ ~ ~ ~ E fc;21M1 ~ IhooooI S ocP W"'fi6' E ood ~bII~lmcf8I.~ ~of~ T~oodSlilfllaFe", b 1401.00 footro trnI Point of~ and ~ !'W1 ~. iiIlm"Iocl&ss. REZONING P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272-2251 FAX (918) 2724997 CITYOFOWASSO ~ 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. AIl 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 1.019 acres, more or less from AG (Agricultural General District) to ll., (Industrial Light District). The property is further described as lying on the north side of W. 2nd St. approximately 1600 feet west of the W. 2nd St. and Main St. intersection, Owasso, OK. BEGINNING AT THE SOUTHWEST CORNER THE "AMENDED PLAT OF ATCHISON, TOPEKA AND SANTA FE", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, THENCE N 89059'14" W FOR 148.00 FEET, THENCE N 00007'56" W FOR 300.00 FEET, THENCE S 89059'14" E FOR 148.00 FEET, THENCE S 00007'56" E AND ALONG THE WEST LINE OF SAID "Al\tffiNDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE" FOR 300.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.019 ACRES, MORE OR LESS. A TRACT OF LAND SITUATED IN 11lli SW % OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS, TO-WIT: At that time will given to the zoning classification of the following described property: Notice is hereby given that a public hearing will be held before the Planning Commission, in the Owasso Community Center, Oklahoma, at 7:00 P.M. on 10th 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 1 A map showing the proposed rezoning accompanies this notice. more information on the proposed rezoning contact the C:"y {",ty Hall 111 "N 1\ Katt1 H. , ~A .A , A J!. 0 lV.l Ui1> The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. 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 Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. The property is further described as lying on the north side of W. 2nd St. approximately l600 feet west ofthe W. 2nd St. and Main St. intersection, Owasso, OK. A TRACT OF LAND SITUATED IN THE SW ~ OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE "AMENDED PLAT OF ATCHISON, TOPEKA AND SANTA PE", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOP, THENCE N 89059'14" W FOR 148.00 FEET, THENCE N 00007'56" W FOR 300.00 FEET, THENCE S 89059'14" E FOR 148.00 FEET, THENCE S 00007'56" E AND ALONG THE WEST LINE OF SAID "AMENDED PLAT OF ATCHISON, TOPEKA, AND SANTA FE" FOR 300.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.019 ACRES, MORE OR LESS. 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 10th day of March, 2003. At that time and place, the Owasso Planning Commission will consider a request from Owasso Sertoma Club, applicant/owner, for a proposed change of the zoning classification of approximately 1.019 acres, more or less from AG (Agricultural General District) to IL (Industrial Light District). The subject property is described as follows: 1 (918) 376-1540 (918) 376-1 Inspectiol1s-376-1 Department ofColnmunity DevelDpntent "py~. ~,'~e,"\. ~O,'/ ~, '\'~,\ . .7' r t~.. "'\\ _ ~ -' \.:.1(" .'.;-. ,'~ \~ ',~\~ \ . \~~k~ _.:(, , *0:~/)~.*' to. \,~_-/ \. \:. ._. '/ ' '\ .. ,:,-,-;;/. ..' '~" ~~,.~;' ~,il ~'~.::.?~,,/ 111 North THain Street 180 City of OHJ{ISSO City Sincerely, Dated at Owasso, Oklahoma, tpJs 11th day of February, 2003. Information and maps showing the property location may be inspected in the office of the City Planner, III North Main Street, Owasso, Oklahoma, 74055 or by calling 376-1543. This is your only personal notification of this request. ORDINANCE NUMBER 742: The proposed ordinance 742 adds the federal definition of "substantial damage" to Owasso's Flood Damage Prevention ordinance. Since the staff already recognizes the federal definition and has already accounted for that definition in its interpretation of the ordinance, the staff's enforcement of the floodplain regulations will not change in any way. SUBSTANTIAL DAMAGE: The definition that FEMA wants Owasso to include in its flood ordinance is the meaning of "substantial damage". Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. When enforcing the flood damage prevention ordinance, the staff requires that any structure in the floodplain sustaining substantial damage (because of anything - fire, flood, tornado, termites, etc.) be brought into compliance with the flood damage prevention ordinance as a condition of its reconstruction and repair. ~Ij:MA REGULATIONS: According to federal regulations, one ofthe conditions of a community's participation in the National Flood Insurance Program is that whenever the floodplain map of a community is changed, the community's flood damage prevention ordinance must be brought up to date with FEMA regulations. When FEMA informed Owasso municipal staff of the map change, the staff examined Owasso's ordinance and compared it to the FEMA regulations. The staff believed that Owasso' s ordinance was in compliance with the regulations. The staff then sent FEMA a copy of the city's ordinance and a letter reporting this compliance. FEMA examined the ordinance and found that it was substantially in compliance but that it lacked one definition. BACKGROUND: The Federal Emergency Management Agency (FEMA) recently amended the floodplain maps fur two square miles within the City ofTuIsa and within Tulsa County. The area covered by the maps included part of the southern fenceline ofOwasso. That fenceline is located along 66th Street North between Mingo Road and Hwy. 169. Since the fenceline is actually a strip of incorporated territory ofOwasso, the map change technically altered Owasso' s floodplain. March ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO TO: MEMORANDUM ATTACHMENTS: L Ordinance 742 Correspondence to FEMA dated February 17,2003 Correspondence from FEMA dated October 2002 4. Flood Damage Prevention Ordinance RECOMMENDATION: The staff recommends council approval of Ordinance 742. Stephen P. Gray, City Attorney APPROVED AS TO FORM: Marcia Boutwell, City Clerk By: Michael Helm, Mayor ATTEST: CITY OF OW ASSO, OKLAHOMA PASSED AND APPROVED this 18th day of March, 2002. Section Two: The provisions of this ordinance shall become effective thirty (30) days from the date of first publication as provided by law. (B) That subsections currently numbered 25,26,27, & 28 be re-numbered as subsections 26,27,28, & 29. 25. "Substantial damage" means damage of any origin sustained by a stmcture whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the stmcture before the damage occurred. (A) A new subsection be added designated as: Section O~: That Part 12 ~ Planning, Zoning and Development, Section 12~404, ofthe Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended by adopting the following provisions, same being codified as set forth below, to-wit: AN ORDINANCE RELATING TO PART 12 PLANNING, ZONING AND DEVELOPMENT, CHAPTER 4 FLOOD DAMAGE PREVENTION, SECTION 404 DEFINITIONS, OF THE CODE OF ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA, AMENDING SAME BY RE.NUMBERlNG SUBSECTIONS 25 THROUGH 28, AND ADDING A NEW SUBSECTION 25 DESIGNATED SUBSTANTIAL DAMAGE, AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKLAHOMA, TO~ WIT: CITY OF OW ASSO, OKLAHOMA ORDINANCE NUMBER 742 1. Section 60.3(d)(l) cites compliance with Section 60.3(c)(1) through (14). Since base flood elevations and the regulatory floodway have been established in the FIRM, the latter section does not apply. 2. Section 60.3(d)(4) allows permitting encroachments within the regulatory floodway under certain conditions. Current City policy does not allow for such encroachments due to the difficulty of evaluating and otherwise quantifYing increases in the base flood elevation resulting from small incremental developments. Therefore, this subsection does not apply. 3. Code of Ordinances, Part 12, Chapter 4, Section 12-414 requires that project data and certain forms be submitted for approval prior to permitting. Attachment 4 to this Ordinance 304, as ratified and amended by the City Council, established COE, Part 12, Chapter 4, to regulate development within established flood hazard areas. Requirements stipulated in this chapter denote compliance with Section 60.3( d) of the NFIP regulations. Additional comments are as follows: 1. City of Owasso Ordinance 304, June 2, 1981 2. City of Ow as so Ordinance 367, March 17, 1987 amending the basic ordinance 3. City of Ow as so Code of Ordinances (COE), Part 12, Chapter 4 4. Pennit Application for Proposed Development on Lands Located in Flood Plain Areas This is in response to yom October 16, 2002 letter concerning City of Owasso adoption of regulations that meet the standards of Paragraph 60.3(d) of NFIP regulations and continued eligibility in the National Flood Insmance Program (NFIP). Attached to this response are the following: Dear Mr. Miller: SUBJECT: NFIP Certification Reference: 19P-N City of Owasso, Oklahoma Mr. Matthew Miller, Hazards Study Branch Federal Insurance and Mitigation Administration Federal Emergency Management Agency Washington, D.C. 20472 February (918) 376-15-40 FAd'X (918) 376-1597 Inspections-376-15-42 www.cityofow2sso.com ~,~ ~..c~"o.( \, "'> ---, ''\'" \ Ifj[\~~\~~~:-~-;:;)~?,,~ \ ~( i \~ 1~ ~d I l \\ ~~'7-~y I "\" _.,/ . \ , ",~~/, ,? / '\ ....,~.. f ,~ . ".~~~~;:"....,>'.. ~~~~~ 111 North I\tbin Street Box 180 Owasso, OK 74055 City of OJ vas so Department ojComrf1unity Developnlent Mr. Lonnie Ward, FEMA Region VI, NFIP State Coordinator Mr. Anthony S. Lowe, Administrator, Federal Insurance and Mitigation Administration Wiles, Community Development With Kindest Regards, The Honorable Mike Helm Mayor, City of Ow as so P.O. Box 180 Owasso, OK 74055 I trust that this information fulfills requirements for continued City eligibility in the NFIP. If you require further documentation, please notifY: It must be emphasized that all of the standards specified in Paragraph 60.3( d) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption ofthe current effective FIS and FIRM to which the regulations apply and other modifications made by this map revision. Some of the standards should already have been enacted by your community Because the FIS establishing the Base (1 % annual chance) Flood Elevations (BFEs) for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to April 16, 2003, your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) ofthe enclosed NFIP regulations (44 CFR Parts 59-78) by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. FEMA has addressed all comments received on the Preliminary copies ofthe FIS and FIRM. Accordingly, the FIS and FIRM for your community will become effective on April 16, 2003. Before the effective date, FEMA will send you final printed copies of the FIS and FIRM. On September 22, 1999, the Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified the Special Flood Hazard Areas (SFHAs) in the City of Owasso, Tulsa County, Oklahoma. Recently, FEMA completed a re-evaluation of flood hazards in your community. On January 23, 2002, FEMA provided you with Preliminary copies of the Flood Insurance Study (FIS) and FIRM that identify the existing flood hazards in your community. Dear Mayor Brogdon: Community No": 400210 Map Panels Affected: 40143C0376 J and 40143C0377 J , City 180 Owasso, OK 74055 1 2002 IN REPLY REFER TO: 19P-N CER TJFIED MAIL RETURN RECEIPT Federal Emergency Management Agency RECEIVED Washington, D.C. 20472 OCT 2 2 2002 The FIRM panels have been computer-generated. Once the FIRM and PIS report are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Paper copies of the FIRM panels maybe obtained by calling our Map Service Center, toll free, at 1-800-358-9616. Copies of the digital files may be obtained by calling our Map Assistance Center, toll free, at 1-877-FEMA MAP (1-877-336-2627). In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. To assist your community in maintaining the FIRM, we reviewed our records to determine if any previous Letters of Map Change (LOMCs) (Le., Letters of Map Amendment, Letters of Map Revision) will be superseded when the revised FIRM panels referenced above become effective. According to our records, no LOMCs were issued previously for the affected FIRM panels. In addition to your community using the PIS to manage development in the floodplain, FEMA will use the FIS to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified SFHAs. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. The actuarial flood insurance rates increase as the lowest elevations (including basements) of new structures decrease in relation to the BFEs established for your community. This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended. that meet or 3. Adopting all of the standards Paragraph into one new, comprehensive set ..' or 1. Amending existing regulations to incorporate any additional requirements of Paragraph 60,3( d); in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one ofthe following actions: 2 cc: Community Map Repository Phil Lutz, City Engineer, City of Owasso "National Flood Insurance Program Elevation Certificate and Instructions" "Frequently Asked Questions Regarding the Effect That Revised Flood Hazards Have on Existing Structures" "Lowest Floor Elevation Certifications for Flood Insurance Post Flood Insurance Rate Map Construction" "Use of Flood Insurance Study (FIS) Data As Available Data" "National Flood Insurance Program Regulations" List of Enclosures: Matthew Miller, P Hazards Study Branch Federal Insurance and Mitigation Administration .V\ .\ Sincerely, If your community is encountering difficulties in enacting the necessary floodplain management measures to continue participation in the NFIP, we urge you to contact the Director, Federal Insurance and Mitigation Division ofFEMA in Denton, Texas, at (940) 898-5399 for assistance. If you have any questions concerning mapping issues in general, please contact our Map Assistance Center, toll free, at l-877-FEMA MAP (1-877.,336-2627). 3 Pro",? l/-C) 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines. streets and bridges located in floodplains; 4. Minimize prolonged business interruptions; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general pubiic; 2. Minimize expenditure of public money for costly flood control projects; L Protect human life and health; It is the purpose of this chapter to promote the public health, safetY and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: STATEMENT QF PURPQSE SECTION 12-402 B. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an i:ncre~se in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated. flood proofed' or otherwise protected from flood damage. (Ord. No. 367. 3/17/87) A. The flood hazard areas of the city are subject to periodic inundation which results in loss of l.ife and property. health and safety hazards. disruption of commerce and governmental services. and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health. safety and general welfare. fINDINGS OF F AC{ Findings of Fact Statement of Purpose Methods of Reducing Definitions Lands to Which Special Applies Basis for Establishing the of Special Establishment of Development Compliance Abrogation and Greater Restrictions Interpretation Warning and Disclaimer or Liability Designation of the Floodplain Administrato~ Duties and Responsibilities of the Floodplain Administrator Permit Procedures Variance Procedures Provisions for Flood Hazard Reduction; General Standards ProviSIons for Flood Hazard Reduction; Specific Standards Standards for Subdivision Proposals Standards for Areas of Shallow Flooding (AOI.AJ:I Zones) FLOOD DAMAGE PREVENTION CHAPTER 4 Planning, Zoning and Development SECTION 12-401 Section 12-401 Section 12-402 Section 12~403 Section 12-404 Section 12~405 Section Section Section 12-408 Section 12-409 Section 12-410 Section 12-411 Section 12-412 Section 12413 Section 12414 Section 12-415 Section 12-416 Section 12417 Section 12-418 Section 12-419 Page 12-10 4. "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year; 3. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent (1 %) or greater change of flooding in any given year. The area may be designated as zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, Al-99, VO, VI-30, VE or V; 2. "Area of shallow flooding" means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent (1%) chance or greater annual chance of flooding to an average depth of one to three (3) feet where a clearly defined channel does not exist, where the path of floodin,g is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet floW; 1. "Appeal" means a request for a review of the flood plain administrator's interpretation of any provision of this chapter or a request for a variance; Unless specifically defined below, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application. The following terms as used herein will mean: DEFINITIONS SECITON 12-404 (OniNo. 367, 3/17/87) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters \'Of which may increase flood hazards to other lands. or Control filling, grading, dredging and other development which may increase flood damage; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which me involved in the accommodation of flood waters; Require that uses vulnerable to floods, including facilities which serve such uses. be protected against flood damage at the time of initial construction; In or prohibit uses that are dangerous to health$ safety or flood heights Of velocities; cause or L this chapter uses following. its to METIIODS OF_ REDUS::ING FLo.OD LOSSES (Ord 36793/17/87) Insure that potential buyers are notified that property is in a flood area. 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and Planning, Zoning and Development D___ 1"'1 11 13. "Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the 12. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of flooding); 11. "Flood Insurance Study" means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles. water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map; 10. "Flood Insurance Rate Map (FIRM)" means the official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the city; b. The unusual and rapid accumulation or runoff of surface waters from any source; a. The overflow ofinland or tidal waters; or 9. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally "dry land areas from: g. "Existing construction" means for the purpose of determining rates, structures for which the . "start of construction" commenced before the effective date of the FIRM or before January I. 1975. for FIRMS effective before that date. "Existing construction" may also be referred to as uexisting structures;" " m. the case of zones AI-30, AI, A, A99, AO AH, C, D. 91elevated building91 also includes a building elevated by means of fin or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. m. the case of zones V1~30, VE, or V, 81elevated buildingll also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the Nation Flood Insurance Program regulations; b. Adequately anchored so at not to imparr the structural integrity of the building during a flood of up to the magnitude of the base flood; a. Built, in the case a building zones Mi. to have the top of the elevated floor, or in the case ofa building in zones Vl-30. VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and pliers), or shear walls parallel to the floor of the water; and 70 91Elevated buildingfg means a non-basement building: 6. IiDevelopmentU means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations; 5. "Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised; Planning, Zoning and Development Page 12-12 23. "Start of construction" means for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial. improvement and means the date the building permit was issued, provided the actual start of construction, rep~ir, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction 22. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community; 21. "Mean sea level" means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NOVD) of 1929 or other datum, to which the base flood elevations shown on a community's flood insurance rate map are referenced; 20. "Manufactured home" means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term IImanufactured homell also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles; 19. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfInished or flood resistant enclosure, usable solely forparldng or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built to render the structure in violation of the applicable non~elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations; 18. IILevee systemll means a flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices; 17, "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding; 16. i'Highest adjacent grade WI means the highest natural elevation of the ground surface to construction next to the proposed walls of a structure; "Habitable floorll means any floor usable for the following purposes; which includes working, sleeping, eating, cooking or or a cotnbination floor used storage purposes only is not 11 iihabitable ~ 14. "Functionally dependent use" means a llse which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair faci1ities~ but does not include long~term storage or related manufacturing facilities; extent of the depths of associated flooding. Such a system typically includes hUlTicane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards; Planning, Zoning and Development P.....,.p 1/_11 This chapter shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ord. No. 367, 3/17/87) LANDS TO WHICH SPECIAL FLOOD HAZARD APPLIES SECTION 12405 (Ord. No. 367,3/17/87) 28. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, here specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverain areas. 27. "Violation" means the failure of a structure of other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided; and ' 26. "Variance" means a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter. For full requirements see Section 60.6 of the National Flood Insurance Program regulations; b. Any alteration of a structure listed on the National Register ofHistonc Places or a state inventory ofhistonc places; a. Any project for improvement of a structure to comply with existing state or local health. sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or For the purpose of this definition "substantial improvementll is considered to occur,when the first alteration of any wall, ceiling, floor, or other structural part of the_ building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include ~~ . If the structure has been damaged and is being restored, before the damage OCCUlTed; or is or a. or improvement 01 a of the structure either: !iSubw,.antial means any cost of which equals or fifty percent (50%) IlStructure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home; does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets or walkways; nor does it include excavation of basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or shed not occupied as dwelling units or not part of the main structure; Planning, Zoning and Development Page 12-14 Ed. Note: The city's zoning or building officer serves as floodplain administrator. The city's floodplain administrator is appointed to administer and implement the provisions of this chapter and other appropriate sections of 44 CRF (National Flood Insurance Program Regulations) pertaining to floodplain management. (Ord. No. 367, 3/17/87) DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR SECTION 12-412 The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. No. 367,3/17/87) WARNING AND DISCLAIMERQR LIABILITY SECTION 12-411 (Ord. No. 367. 3/17/87) 3'. Deemed neither to limit nor appeal any other powers granted under state statutes. 2. Liberally construed :in favor of the governing body; and Considered as minimum requirements; 1. In the interpretation ~d application of this chapter, all provisions shall be: SECrION 12-410 I1'ffERPRETATION This chapter is not intended to repeal, abrogate. or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail COrd" No. 3679 3/17/87) ABROGATION AND GREATER RESTRICTIONS SECTION 12-409 No structure or land shan hereafter be located, altered, or have its use changed without full compHance with the terms ofthis chapter and other applicable regulations. (Ord. No. 367, 3/17/87) with t,1;.e slmIl required to ensure development No. 3/17/87) EST~LISIJMEm__OF DEVELOPMENT PERMIT SECTION 12~407 The areas of special flood hazard identified by the Federal Emergency Management Agency on its Flood Insurance Study for the city, with accompanying Flood Insurance Rate Maps and Flood Boundary~ Floodway' Maps (FIRM and FBFM), and any revisions thereto, are hereby adopted by reference and declared to be a part ofthis chapter. (Ord" No. 367, 3/17/87) BASI~JOR ESTABLISHING THE AREAS OF SPECIAL E'lQQD_HAZARD SECTION 12~406 Planning, Zoning and Development Page 12-15 A. Application for a development permit shall be presented to the floodplain administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed SECTION 12-414 PERMIT PROCEDURES (Ord. No. 367, 3/17/87) 9. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 8. When base flood elevation data has not been provided in accordance with Section 12-406, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Sections 12-416, 12-417 and 12-418 ofthis chapter; and 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; 6. Notify, in riverain situations, adjacent communities and the state coordinating agency which is the Oklahoma Water Resources Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; 5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between 11 mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation; 4. Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required; 3. Review, approve or deny all applications for development permits required by adoption this chapter; building will whether to 2. from flooding; Maintain and hold open for public inspection all records pertaining to the provisions this 1. chapter; Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: FLOODPLAIN OF DUTIES AND RESPONSIBILITIES ADMlNISTRAJOR THE SECTION l2~413 Planning, Zoning and Development Page 12~ [6 (Ord. No. 367, 3/17/87) 10. The relationship ofthe proposed use to the comprehensive plan for that area. 9. The availability of alternative locations, not subject to flooding or erosion damage, for proposed use; and 8. The necessity to the facility of a waterfront location, where applicable; 7. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; 6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; vehicles; 5. The safety of access to the property in times of flood for ordinary and emergency 4. The compatibility of the proposed use with existing and anticipated development; The danger that materials may be swept onto other lands to the injury of others; 2. TIle susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 1. The danger to life and property due to flooding or erosion damage; B. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this 'chapter and the following relevant factors: 12~413. 5. Maintain a record of all such information in accordance with Paragraph 1 of Section the extent which any watercourse or natural drainage will be altered development; and 4. Descliption or as a result 30 A certificate from a registered professional engineer or architect that the nonresidential structure shall meet the proofing criteria of Paragraph 2 17; Elevation in relation to mean sea level to which any nonresidential structure shall be 2. f1oodproofed; 1. Elevation in relation to mean sea level, of the lowest floor, including basement, of all new and substantially improved structures; structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: Planning, Zoning and Development (J<"'\l "lI"'1 3. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and c. A detennination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra- ordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; and b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; a. Showing a good and sufficient cause; 2. Variances shall only be issued upon: I. Prerequisites for granting variances: 1. Variances shall only be issued upon a determinati"on that the variance is the minimum necessary. considering the flood hazard, to afford relief; H. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. ' G. Upon consideration of the factors noted above and the intent of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives oithis chapter as set out in Section 12-402 herein. F. Variances :may be issued for new construction and substantial improvements to be erected on a lot of one-half (Va) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Paragraph 2 of Section 12414 have been fully considered. As the lot size increases beyond the <me-half (Va) acre, the technical justification required for issuing the variance increases. E. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of ,historic places, without regard to the procedures set forth in the remainder of this chapter. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergel'l:cy Management Agency upon request or decision in courts of competent jurisdiction, B. 'The appeal board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made, by the floodplain administrator in the or administration ofmis chapter, A The appeal board, which is the board of adjustrnent of the city, shall hear and render judgment on requests for variances from the requirements of this chapter. VARIANCE PROCEDURES SECTION 121415 Planning, Zoning and Development Page 12-18 In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 12A06, Paragraph 8 of 12-413 or Subsection D of 12-418, the following provisions are required: PROVISIONS FOR FLOOD HAZARD REDUCTION; SPECIFIC STANDARDS SECTION 12-417 (Ord. No. 367, 3/17/87) 7. On-site waste water disposal systems shan 1:?e located to avoid impairment to them or contamination from them during flooding. 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood water; and 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding; :3. All new construction or substantial improvements shall be constructed with :materials resistant to flood damage; All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 1. All new construction or substantial improvements shan be designed or modified and adequately anchored to prevent flotation. collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; In all areas of special flood hazards. the following provisions are required for all new construction and substantial improvements: PROVISIONS .~FOR FLOOD HAZ-~UCTION; ~GENERAL STANDARDS SECTION 12416 structure or other development is protected by methods that create no to publie L The criteria outIin,e in Subsections A through I ofthis section are met; and J. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: that the costs of flood insurance will commensurate with the increased risk resulting from the reduced lowest floor elevation. Planning, Zoning and Development n_.~..... Il~ 'iln (Ord. ~o. 367, 3/17/87) c. All manufactured homes to be placed or substantially improved within Zones AI-30, .AR and AE on the community's FIRM shall be elevated on a permanent foundation such that the '.lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of this paragraph 4. b. All manufactured homes shall be in compliance with paragraph 1 of this section; a. All manufactured homes to be placed within Zone A shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Metho4s of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces; ,4. Manufactured homes: c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry -and exit of floodwaters; and b. The bottom of all openings shall be no higher than one foot above grade; a. A minimum of two (2) openings having a total net area of not less than one square inch ~for every square foot of enclosed area subj ect to flooding shall be provided; EpcIosures. NeW' construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to the flooding shall be designed to automatically equalize hydrostatic flood :forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requiroement must either be certified by a registered professional engineer or architect or meet or exceed the following mini~um criteria: Nonresidential construction, New construction and substantial improvements of any cornmercial. industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to or above the base flood or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially imprnneable to the passage of water with structural components having the capability resisting hydrostatic and hydrodynamic loads and effects of buoyancy, A registered professional engineer or architect shall develop or review structural design, specifications, and plans for the construction, and shan certify .that the design and methods of construction are in accordance with accepted standards of practice as Qutlined in this subsection. A record of such certification which includes the specific devation, in relation to mean sea level? to which . such structures are flood proofed shall be maintained by the floodplains administrator; and 1. Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in Subsection A of Section 12~414 is satisfi.ed; Planning, Zoning and Development Page 12-20 4. Require within Zones All or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. 3. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in paragraph 1 of this Subsection A of Section 12-414, are satisfied; and b. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy; a. The lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified); or 2. All new construction and substantial improvements of nonresidential structures have the following: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet ifno depth number is specified); Located within the areas of special flood hazard established ill Section 12-406 are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defmed channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet floW; therefore, the following provisions apply: STANDARDS FOR AREAS OF SHALLQYlELOODlNG (AOZAIiZONES) SECTION 12-419 .K All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. (Ord. No. 367,3/17/87) D. All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. flood elevation data shall be generated for subdivision proposals other proposed development, including manufactured home parks and subdivisions, which is greater than fifty (50) lots or acres, whichever is otherwise provided pursuant to Sections or 12~413(8) this chapter. B. All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet development permit requirements of Sections 12-407, 12-414 and the provisions Sections 12-416 and 12-417. . A. All subdivision proposals including manufactured home parks and subdivisions shall be consistent with Sections 12A01, 12-402 and 12-403 ofthis chapter. STANDARDS FOR SUBDIVISION PROPOSALS SECTION 12-418 Planning, Zoning and Development (Ord. No. 367, 3/17/87) Planning, Zoning and Development Summary of Plan Changes ATTACHMENT: Staff is prepared to recommend amending the OMRF Defined Benefit plan and the OMRF Defined Contribution plan at the March 18th, 2003 Council meeting consent agenda through approval of Ordinance #743 and #744. RECOMMENDATION: Periodically the Internal Revenue Service modifies rules and regulations regarding qualified retirement plans. When this occurs we are required by the IRS to incorporate these modifications into our plans. The Economic Growth and Tax Relief Reconciliation Act of 200 1 (EGTRRA) included modifications affecting the Defined Benefit Plan and the Defined Contribution plan. A summary of plan changes which are a result ofEGTRRA are attached. These changes will not result in an increase in cost to the City. The modifications do include an increase in limitations on Plan Benefits and an increase in Compensation limits. However these limits were already at a level that did not affect our employees. Two OMRF plans are offered to city employees. Both plans are IRS qualified retirement plans. The first plan is a Defined Benefit plan which is the mandatory retirement plan for all full-time employees who do not participate in the Police and Fire Retirement system. The City and participating employees contribute to the plan and upon retirement an employee's retirement benefits are based on a calculation including the average of their last 60 months salary and his/her years of service. The second OMRF plan is a Defined Contribution plan which is an optional supplemental retirement plan available to all full-time employees. Employees participating in the Defined Contribution plan can contribute up to 12% oftheir base wages and the City will match up to 2% of the employee's base wages $0.50 on the dollar. Employees select investment options on an individual basis. BACKGROUND: March 2003 MICHELE DEMPSTER HUMAN RESOURCE FROM: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OW ASSO TO: MEMORANDUM limitations on Contributions The IRS has increased the limits for maximum plan contributions by the employee and employer. This change has no cost impact to the employer, but would allow an employee to contribute greater amounts in to the retirement plan if desired-up to $40,000 per year or 100% of salary. Increase in Compensation Limit The IRS has increased the limit for recognized salary of plan participants. The maximum was $170,000, but is now $200,000 under this change. This change will have no impact until or unless an employee's salary exceeds $170,000. Direct Rollovers of Plan Distributions and Rollovers The IRS has expanded the list of plan types which from other Plans a participant can transfer monies to and from. This change has no cost impact to the employee or employer. It will allow, for example, an employee to transfer IRA account balances to their OMRF account. Required Minimum Distributions The IRS has always required a terminated employee to begin receiving money from their retirement account by the age of 70%. The method of calculating the minimum amount that must be paid each year has been relaxed, lowering the required amount. This change benefits all participants by lowering the amount they must be paid. However, participants can still choose to receive more than the required minimum. Defined Contribution Plan-~Summary of Plan Changes The IRS has increased the limits for maximum plan benefit amounts payable to a participant each year. This change has no real impact to the employer or employee unless the annual pension amount would have been greater than $140,000. The IRS has increased the limit for recognized .0, salalY of plan participants. The maximum was ' $170,000, but is now $200,000 under this change. This change will have no impact until or unless an employee's salary exceeds $170,000. The IRS has expanded the list of plan types to which a participant can transfer monies. This change has not cost impact to the employee or employer. It will allow an employee, for example, to transfer a plan distribution to a 457 account, if they wish. This requires the use of specific mortality tables for adjusting any benefit or limitation under Code Section 415. This change has no real impact to the employer or employee unless the annual pension amount would have been greater than the $140,000, using the new mortality tables. New Mortality Tables Direct Rollovers Limitations on Defined Benefit Plan-Summary of Plan Changes 2002 EGTRRA Plan Amendment