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Home My WebLink About2002.10.08_Worksession Agenda 3. Discussion Relating to Urbanized Area Boundaries. Mr. Wiles Attachment #3 2. Discussion Related to Planning Items. Mr. Wiles Mr. Moore Attachment #2 1. Call to Order Mayor Brogdon AGENDA Hall bulletin board and on the the office of the 4,2002. Notice and agenda filed at 4:00 p.m. on Friday, Special October 8,2002 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 8. Adjournment. 7. Report fi'om City Manager A. Ward Boundaries B. City Attorney C. Other Items Mr. Ray 6. Discussion Relating to Financial Reports Ms. Bishop 5. Discussion Relating to Public Works Items. A. Three Lakes Drainage Channel Improvements B. Other Items. Mr. Carr Attachment #5 4. Update Relating to Meeting With Citizens for Responsible Rural Development. Mr. Wiles Mr. Ray Owasso City Council October 8, 2002 Page 2 CONCEPT OF A PUD Tn concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and! where a detailed development plan, outlining the development of the tract as a unit is pr~osed and submitted for public review. The use of a PUD technique is a way to amend a zming ordinance in accordance with a complete and coordinated plan of development for SURROUNDING ZONING Nonh: RMH (Residential Mobile Home Park District) South: IL (Light Industrial District) East.: CS (Commercial Shopping District) across 97th East Ave. West: AG (Agricultural) FmSENT ZONING CG(Commercial General District) and CS (Commercial Shopping District). SmROUNDING LAND USE NoIfh: Residential ~ Mobile Home Souh~ Vacant EasIc Vacant West: Residential - Single Family EXISTING LAND USE Vacant LOCATION The subject property is described as the S/2 of the E/2 of the 1A of the SE 1A of Section 13, T 21 N, R 13 E, further described as the northwest comer of the 96th Street N. and 97th East Ave. intersection. of Owasso has received a request from Charney, applicant/owner, for the revil':w of a rezoning and a planned unit development application for approximately 10 acres +1. located at the northwest comer of the 96th Street N. and 97th East Ave. The apptic.ant is proposing to rezone the subject property from CS (Commercial Shopping District) and CG (Commercial General District) to PUD/RS-3 (Planned Unit Development/Residential Single Family High Density District) in order to construct appliO.ximately 50 single family residential homes. Staff is proposing concurrent review of OPUD-02-03 and 02-02-070 OPUD-02.,03/0Z-02-07 (NEW BRUNSWICK) CITY OF OWASSO CO~IMUNITY DEVELOPMENT DEPARTMENT \"",_, r.l UNIFIED TREATMENT OF THE PUD DEVELOPMENT POSSIBILITIES The applicant has effectively utilized the site, its existing features and thoughtfully arranged the site within the PUD. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. HARJ\IIONY WITH THE EXISTING AND EXPECTED DEVELOPMENT New Brunswick offers a unique housing opportunity not often available within the City of Owasso. The proposal would allow for garden homes in a cohesive neighborhood setting that would supplement the City's current housing stock and provide further opportunities for oome ownership. In lieu of another commercial corner in the area, the proposal would provide for a consistent and well-designed subdivision that staff is certain would prove to be alt aesthetically pleasing addition to the City of Owasso. Particular to this case, staff feels that the proposal is consistent with the Comprehensive Plan. Given the changing development pattern in the area, the unlikely chance of the extension of 96th Street N. and the updates to the Master Plan currently underway, staff is comfortable with the consistency of the applicant's proposal. COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of commer,dal/office. Although this would seem to be inconsistent with the applicant's proposal. staff should point out that the Master Plan is merely a guideline for future development and is not to be considered concrete. ANALYSIS According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any application and determine the following: 1. Whether the is consistent with the Comprehensive Whether is harmony with and development surrounding areas. 3. Whether the is a unified treatment the development possibilities of the project site.. 4. Whether the PUD is consistent with the stated purpose and standards of the following PUD ordinance. A. To permit innovative land development while maintaining appropriate limitation on me character and intensity of use assuring compatibility with adjoining and proximate properties; To permit flexibility within the development to best utilize the unique physical features of the particular site; To provide and preserve meaningful open space; and To achieve a continuity of function and design within the development. a larger parcel, rather than piecemeal individual changes using the variance process. The supprernental zoning district PUD must be approved by the City Council as a prerequisite to the PlaImed Unit Development. .......Ii") ATTACHMENTS 1. General Area Map RECOl\1MENDA TIOl\[ Staff recommends approval of OPUD-02-03 / OZ-02-07 subject to the following conditions: 1. That the applicant's Development Text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code. 2. That unless specifically set out in the standards and conditions of this PUD, all single- family lots shall meet the requirements of a typical RS-3 district. 3. Within OPUD-02-03, the maximum number of dwelling units shall not exceed 50. 4. That prior to the issuance of building permits, the applicant is subject to the platting and sire plan requirements of the City of Owasso and all subsequent conditions imposed by the Owasso Technical Advisory Committee. 5. That no building permits be issued within any portion of the pun until the developer meets all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations. 6. An covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. 7. That a detailed drainage report certified by a registered engineer be submitted at the time of platting. 8. Visual buffers are to be required at the end of each cul-de-sac. 9. Acceleration/Deceleration lanes will be required on 97th E. Ave. 10. Sidewalks will be required along 97th E. Ave and 96th St. N. 11. That all entrance landscaping and/or monuments are reviewed and approved by the Hanning Commission. 12. The Planning Commission reserves the right to prescribe additional buffering, screening and setbacks during the platting process. Staff has received several phone calls in opposition of the request and would expect comment at this public hearing. The Ow,asso Technical Advisory Committee reviewed the OPUD-02-03/0Z-02-07 proposal at the September 25,2002 regular meeting. No comments were received. The applicant has identified the terrain of the area as relatively flat with some gently rolling terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in development in and around the City of detention is required and will be further defined at the platting stage. Sidewalks will be required along all public rights-of-way associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the inlernal walks may be constructed as individual lots are developed. Acceleration / deceleration lanes are required at all access locations along arterials. <"'1 ~~ 'l~ ;~ ~ ~ ~.~ )7 )1 5. llO>'IllJ 1l!}IQ1 AMO Z~-t ~ ;" it: ~'" . 0; hOOllt~OIWl r ~" , '" 'Iv " \ ' \\ \.....\\\ \\ . ; i \ ..~~., \ ;\ \.- \ \ \ ' \ \\\ \ \ . , \.1 I \ \ \ .;' \ \ \ \:, i : \ \ \ !!! j /,/ \ \ '\ .: ',I . .) ~ ii' ~ ,'; i '- ~ Ii' ~ ., .- g J lJ . '-,,;: \ ,./ /I~o/ j !, ~\.' \.. iJ ;;, , ,\ ,'ll / !) )ill~ !\V/ I' -"- ~ -!!.!J;fW' e ~~Il.t1ll' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~~~~ ~ ~ ~ ~ ~ ;S ~ ~ ~ ~ ~ ~ ~ -""C-C,01Q ~~~g~~ .:z.~ ~ ~ ~ ~ ~~f'1:;; ~ I cb~~~ ~ ..... Qjo -t '-0 ~ o:r-.;;J C) 0 -:::z """t :i! a"," '" l'!i 09 ~ ~ ~ e ~:<~~ ~~;;. ~ c.n::::.;:j n O'=' ~~ "" '" '" "" '" "" <> '" "" "-.~J\ I }\\ -------~-l-----.---- \\\ _____ I '-------.-- -'- ~ ~~!-- ----.-.~~_. f.-I!21J___.....". ~~-;;-t;'~~~ ".,--"'~!) f?J~~~~t;;t! i:l ;;. "'- '" '" ~ -~ tit o:g r;) t::Jre I"" -!>J .. ~o4t>..;;::r~ ~~~g-ti~ ~~Q~g~ ~g: ~8'~ ~~. ~~~ -.. '" ~:::: ",,0 <>:0 """" " :........,. S' w "" ~ ~:t-~~~ ~S~~{tJ~ - il!:j" '" ~ s> :;rr;~~s:~ " l1iCl:g:;;~ "' :: ::! g' ~ ~ g;: 2 ;j ra 0 ""-! ::s t.4::!. .;... ~ 5=l ~ ~ 5" ~~ tn ~ <>:0 .., w . ~ ~ r ~~ ~~ -~---~, =-- [f 00'00'00' IC 1lMI.0o' ;g t>J CI:l .... ~'ll~ "':l~;h. c:-.'ll~ '"<<:l:tJ ~li]~ <:It'J <:!?""3 ~'ll~ '. c::~ <"'J\::l""3 $1 <"'J CI:l ~g ~2 ~~ ~C) ::!g ~r.t ""l ~ ~ '-'l '"if :tI :l>.l\l'"i l;1....<:l o t..., S c::: ?: ;l::! <: li] :~ ""l:l:l t>:t ..", ~ ,~ " ........ O"'<:l ~~~ ~ '" Cl ~ --lir I~ I -"'" (\.. ! \ ~.1 \ \J ~v , \ , ~ Ili \ ~ ~ \i\ 1\\. \ \ \ \ .. \'. \ . \ \ \\\ \\ \ \~ \~'\ ~ i\ \\\ \\\ '.\ ';\ PUD REQUIREl\tlliNTS Included with your packet is a copy of the OPUD-11 protective covenants as approved by the Planning Commission on December 17, 1992. On January 19, 1993, City Council approved and amended the covenants to allow, among other things, restaurants. Article III, Section 3.01 of the Ram Plaza Protective Covenants spells out permitted uses within the PUD. Language that is proposed to be stricken from Section 3.01 is included below. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: PUD/CS (Planned Unit Development/Commercial Shopping District) East: PUD/CS (Planned Unit Development/Commercial Shopping District) West: CS (Commercial Shopping District) PRESENT ZONING PUD/CS (Planned Unit Development/Commercial Shopping District) SURROUNDING LAND USE North: Public - Owasso Public Schools South: Retail - Shopping Center East: Retail - Vacant West: Retail - Movie Theater EXISTING LAND USE Retail - Vacant LOCATION The subject property is described as a portion of Lot 1, Block 2, Ram Plaza, further described as 12701 . 86m Place N, Owasso, OK. The City of has a request from Michael Roark, applicant, fOf the feview of a minor amendment to 11 (Ram Plaza). The subject property is located approximately 400 feet west of the 86th Place N. and 129th East Ave intersection. The applicant is proposing to amend the OPUD-l1 protective covenants to allow for a retail pet store that raises, breeds or keeps ani1nals. A copy of the protective covenants are included with your packet. Planned Development Minor (Ram Plaza - Roark) CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT Ra.M PI(A:z~-fl/)jma/S_ Staff should point out to this commission that we are hearing a request to amend only the planned unit development protective covenants which the City has been appointed to enforce, not the covenants as approved as a part of the subdivision plat. Protective covenants are approved initially by the Planning Commission and City Council as part of a planned unit development application. At the platting stage of the development, the PUD covenants are included as a part of the subdivision's restrictive covenants, thereby becoming enforceable by the property owner's association. Typically, the City's responsibility ends at the PUD covenant stage and applications such as this when approved, ANAL YSIS The applicant is proposing to locate a retail pet store in an existing building which, until recently housed a hardware store. Staff has received no phone calls or any other correspondence concerning the request. ZONING REQUIREMENTS The subject property is zoned PUD/CS (Planned Unit Development/Commercial Shopping District). According to the City of Owasso Zoning Code, a retail pet store falls within Use Unit 14 (Shopping Goods and Services) and is permitted by right in the CS zoning district. The proposal, if approved, would meet all other requirements as set forth in the City of Owasso Zoning Ordinance. ~"'" (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-suiface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. (a) No theater... health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on-premises consumption, or any other health, recreational or entertainment-type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not on any ponion of the Excerpt from Article III, Section 3.01 ATTACHMENTS I . General Area Map 2. OPUD-ll Ram Plaza Protective Covenants Article III as amended by City Council 3. Letter from Mr. Roark 4. Proposed Amended Protective Covenants Article III RECOMMENDATION Staff recommends approval of the request to amend the protective covenants of Ram Plaza to allow for a retail pet store that raises, breeds or keeps animals. If approved by the Planning Commission, this item does require City Council action. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the proposed amendment at their September 25, 2002 regular meeting. At that meeting, no comments were sited by staff or utility providers. Staff is also concerned with what seems to be, whether intentional or not, selective enforcement of the approved protective covenants of Ram Plaza. In staff's opinion and a strict interpretation of the text of the original planned unit development, several businesses have either in the or are currently in on-compliance with approved restrictions. Although staff feels that past errors, poor judgement and/or lax enforcement by the Community Development Department and the property owner's association do not necessarily set precedent, the errors nonetheless should be brought to the attention of this commission. from the City's standpoint, are allowed even though they are not in compliance with the subdivision's covenants. Unless amended, issues of enforcement would then be between the property owner's association and Mr. Roark as part of the protective covenants approved with the subdivision plat. THE: PL.AT BOOK: OF" TUL.SA COUN,'Y ~ COPYRIGHT 199J~ ROV MAL.E:RNE;E:, CITY MAP S2:RVtCE;, INC. l'UL.S.., P'E::OE:R...:\f. t ~\A1 ~';:4nw1~!7':;; ~<;::'~~rlhf,r;>>f("'1N iP".4Ql :5I.~V PIle:. rK CCWAJ.(.:t see .YJ.. '~1'~1<l, ,q_ltJ~( NC#?:Lf STREET 86TH 717.97' S 89'55'215" Ii' , ~ *'CNr 0#' PUI~ ."'a .:J:e .;MNrr;J fjff' :""rQ$ .PtA1'o i!~ Sf)(J'f'H UV!: ty sn;l'1ON d"O '1 ~ L :JO' /ltifU)lNC ~l.~oo.- 609.J! . ! 1 ~ ~ :t: i::::!. el\f) c:i~ :g~ !Ij . telU'" ~ ;::: 2S <:::l " <:::l t:l ~ is '\, ~ "" ~]) -~~.. ~ ~ (\:: C::t' ~\:) c:i ~"'l /;.l...... ~ ~ ~ ~ ~I~ ~~ .:$: ,. 'q; 3 '12: I'" ~~ ~~ ~~ 2 ~! I ~. 2Sel ~q ~:;; /;.l"'" aUF: E:4sr 30.00' ~ .10000. JCFiSS &AiiiJt:Iff ~ iW.0C4l1ON MfA 'r,_ ~~ PG.l~ L--. OUF: E:4ST 708.34' :: Il.~' EASI:YCNf - 22:1.19' ~.~~~pc.I!f!,.~' ~~ ~,~ _mf.~~!iW.~,~ ~~ ..!if !-= .. leL 349'" UNPUJm::o 11\ ~!m~~l:9.~=~l!S"'l'a @,w'llt,M:$ lIij ~ - j ~f\?nllk::JrnI.;M~mhq~de~"JI~.u ~mAAll'<W13~~~IJ\wlhtIJ~fli7'W}M:'S1t1""~ ~l:'.M\m~~M~r-lIi'tqt;fG\Jl1.<t,,~ . --~._I'~ ~E~- ~ ~ " ~ r i!; 21 :r: N i t<'>1."JUl~Fl ~S5! LOCAnON U4P IJ.f:,VNfS ~ M)OO. ft.!!'. /NC, C~lA,nN?1 a.~ t:.,./(JI. 0:1!13 MJHm lInN!I:A$1' A'rtlNlJtJ." om.usa t>>t. }'.t()j,j (MO) ~12-n3:! ~~ IN{;fNfJ;/t: i!/.J!1..<i:A!w, U.i:: 3"~ J.MtUW;l' '*.". Cl.AN~ ~4 ?41tJP ("/&) .J9t~:J13' 1JIN1Tf.' ~ ceJMPAJ/'f? MS. !'AS1' J$I>1 ~ MSA. eM. .N 140 (Ut..) DtJJ-'DJ' ~~ ~ GJ PUO NO. 11 AN AOOmON TO THe crr! OF OWASSO. TULSA COUNTY. STATE: OF OKLAHOMA A PLANNe{) UNIT ()IfY[LOPMENT IN THF: SOUTHEAST QUARTf:R OF SF:CTlON :lO, TOWNSHIP :;:! NORTH, RANCF: j 4 EAST .11I.:...".......0 ra,!<. r;7Itm1 ""1~l) J:J.Il$;16 ~ 111'/ ~l~..f;.J1>:.". PLA T NO.. 4945 LAZ A AUGe 26, 1993 DATE FII,..ED Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements ofthe City of Owasso with respect to setback lines that are applicable and in force at the time of construction. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion ofthe Property shall be subject to the following standards, requirements and criteria. (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on-premises consumption, or any other health, recreational or entertainment-type activity shall be operated, or permitted to operate upon the property. Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (Ii) Any dangerous or unsafe uses. (Hi) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-surface means. (v) Any use that may require water and sewer services in excess afthe capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any govelTImental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other govelTImental body in which the property is located. ARTICLE III Protective Covenants Section 3.01. Designation of Permitted and Prohibited Uses, Attachment: I Michael D. Roark Roark Family, L.L.C. Thank you for your consideration of this request. While the Pet Stop does not technically "raise, breed, or keep" animals by strict legal definition ofthose words, it would be much preferable to amend the covenant so as to remove any doubt and allow them to continue their business in Owasso. The requested amendment to the Protective Covenants (exhibit attached) would be: Strike - Section 3.01. Designation of Permitted and Prohibited Uses. , paragraph (b), subsection (i) "Any use which involves the raising, breeding or keeping of any animals or poultry. " The Pet Stop, Inc. would not interrupt or aggravate any ofthe nearby businesses or neighborhoods with its operation. I am aware of no opposition voiced with regard to their intended relocation to this property. They have been, and win continue to be, a good neighbor and business citizen for Owasso. The Pet Stop, Inc. is not a noxious or offensive business. Indeed, it has successfully operated alongside of other retail businesses and professional businesses in its current location for about six years. They have simply outgrown their location. They are recognized by Owasso residents and business leaders as a real contribution to the Owasso community and as a significant contributor to sales tax revenue for Owasso from buyers outside of our city. The tenant, Pet Stop, Inc. is a present Owasso retail business operating in the Cornerstone shopping center on 86th Street. They have successfully operated their pet store for a number of years and are recognized as one ofthe leading pet stores in the state. Their selection of freshwater and saltwater aquarium fish is reported to be the second largest in Oklahoma with customers coming to Owasso from, not only the Tulsa metropolitan area, but also other parts of Oklahoma and Kansas. The majority of their present leased space is dedicated to pet training aids, supplies, toys, books, pet security, and other "support" items. At the new location they would continue to utilize the large majority of space for this type of retail merchandise. With this letter I am requesting that the Protective Covenants for Ram Plaza, PUD..II, City of Owasso, be amended. 111e requested modification would allow property I own at 12701 E. 86 Place North to be used for a retail pet store. Language in the covenants, while likely not anticipating a retail pet store in its intent, nevertheless, could technically prohibit the operation of a retail pet store. Mr. Moore: of Owasso PlJD~ll, Ram Ame-i1dment to PROTECTIVE r.e.: Robert Moore City Planner City of Owasso, Oklahoma III North Main OK 74055 September 3, 2002 t.;i thou;:, (iii) Any industrial uses, including, (€<1 \;\~ ,- 9 strike q -'?J-02 ~CXlfk h:uV\1 \Yl Ll Any dangerous or unsafe uses. ( i i ) ~ - '\~i .t\ny use wn-~cn ];nV01VC.::l t.r.c ral.::l.lng, brccd.ln~ --k-ee pin go f a flT~ffti:rhr'-e~'o"ttl-t;..J:"'~ (b) Notwithstanding any ather provision contained herein to the contrary, the following uses shall not be permitted an any portion of the Property: . I!!lllllt . !Illllllllmillu.1II <':'!~l._c::l:"'l:"tl_.., _.._ _ .~ ,.. . ri HannY" r~- UIl J. l' 1 In H ~_, IIn- '.n no in -, .. ....\...~ _u "U,."_ 0 en - . --. tp tl:i~ ~'\o gf "' P . '."., PO."'-" (08#~c .' . ~Rlu.ll 1 " f,..,,.. 1""",,~ ~ '1lR 1 1 . ;"I(",~"""M '" to l~P!L - -:,~;l ~fTllnr . l-h... .".""...1-",,,,..,,,,., - "~R'l~"" g\}li!? I'i.' II 11 III -'3'1' UL3 !.! lift ell eet t s 1 p.,..;""1' 8l." ""..4.1 · .g M' (a) theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy stare, establishment which sells alcoholic beverages far on~premises consumption, or any other health, recreational or entertainment-type activity ~hall be operated, or permitted to Ol::Lerate upon the prapern!":J ~~~il1li!ldt1'A..!1; L_.._ 'no w=- ..;,.~::;:;;r (y~ Section 2.02. Recordation of Declaration and ~endments. This Declaration, and any am~entp modification ~~ r~vision thereto, shall not be effective until filed for record in the public real estate recor for t county or counties or cities in whi t Property is locat , PUD REQUIREMENTS Included with your packet is a copy of the OPUD-11 protective covenants as approved by the Planning Commission on December 17, 1992. On January 19, 1993, City Council approved and amended the covenants to allow, among other things, restaurants. Article III, Section 3.0 1 of the Ram Plaza Protective Covenants spells out permitted uses within the PUD. Language that is proposed to be stricken is included below. SURROUNDING ZONING North: RS-3 (Residential Single Family High Density District) South: PUD/CS (Planned Unit Development/Commercial Shopping District) East: PUD/CS (Planned Unit Development/Commercial Shopping District) West: PUD/CS (Planned Unit Development/Commercial Shopping District) PRESENT ZONING PUD/CS (Planned Unit Development/Commercial Shopping District) SURROUNDING LAND USE North: Public - Owasso Public Schools South: Office - Dental Facility East: Service - Assisted Living Facility West: Retail - Vacant EXISTING LAND USE Retail - Vacant LOCATION The subject property is described as a portion of Lot 1, Block 2, and a portion of Lot Block Ram Plaza, further described as12811 86m Place N, Owasso, attached for full legal description. The City of Owasso has received a request from Preston, applicant, for the a minor amendment to 1 (Ram Plaza). The subject property is located approximately 300 feet west of the 86th Place N. and 129th East Ave intersection. applicant is proposing to amend the OPUD-ll protective covenants to allow for a billiard parlor as a recreational and/or an entertainment type activity. A site plan, floor plan and copy of the protective covenants are included with your packet. Development Minor Amendment (Ram Plaza - Planned CITY OF OWASSO COl\iIMUNITY DEVELOPMENT DEPARTMENT R Gtm fla],.~ -13 ,b II ,&avrds Additionally, staff should point out to this commission that we are hearing a request to amend only the planned unit development protective covenants which the City has been Staff has received numerous phone calls in opposition of the request and would expect public comment at this meeting. However, all opposing comments received in connection with the applicant's proposal, with the exception of the attached letter from Alterra, concerned the on-premise alcohol consumption and not the billiard parlor issue. ANAL YSIS The applicant is proposing to locate a billiard parlor in the newly constructed commercial shopping center known as The Center on 86m Street. Initially, the applicant requested that City staff review a proposal that, in addition to allowing a billiard parlor, would allow for on-premise alcohol consumption. The applicant has amended his application striking the language pertaining to alcohol. ZONING REQUIREMENTS The subject property is zoned PUD/CS (Planned Unit Development/Commercial Shopping District). According to the City of Owasso Zoning Code, a billiard parlor falls within Use Unit 19 (Hotel, Motel, and Recreational Facilities) and is permitted by right in the CS zoning district. The proposal, if approved, would meet all other requirements as set forth in the City of Owasso Zoning Code. (a) No theater". health spa, skating rink, bowling alley, dairy store, efitablishmcltt whi:eh ~ . , r any other health, recreational or entertainment-type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contra/Y, the following uses shall not be permitted on any portion of the (i) Any use which involves raising, or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (ifi) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. Excerpt from Article Ill, Section 3.01 A TT ACHMENTS 1. General Area Map 2. OPUD-ll Ram Plaza Protective Covenants Article III as amended by City Council 3. Legal Description 4. Letter from Mr. Preston 5. Amended Letter from Mr. Preston 6. Proposed Amended Protective Covenants Article III 7. Letter from Alterra RECOMMENDATION Staff recommends approval of the request to amend the protective covenants of OPUD-lI (Ram Plaza) to allow for a billiard parlor as a recreational and/or an entertainment type activity subject to the following conditions: 1. The applicant submits an application for a business license to the Office of the City Clerk. 2. The applicant must either have the building protected by a fire suppression system or alter the square footage of leasable space. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the proposed amendment at their September 25, 2002 regular meeting. At that meeting, the following comment was received: 1. Occupancy load exceeds 300 persons. The building as shown would need to be sprinkled. If this item is approved by the Planning Commission, City Council action is required. Staff is also concerned with what seems to be, whether intentional or not, selective enforcement of the approved protective covenants of Ram Plaza. In staff's opinion and by a strict interpretation of the text of the original planned unit development, several businesses have either in the past or are currently in non-'compliance with the approved restrictions. Although staff feels that past errors, poor judgement and/or lax enforcement by the Community Development Department and the property owner's association do not necessarily set precedent, the errors nonetheless should be brought to the attention of this commission. appointed to enforce, not the covenants as approved as a part of the subdivision plat. Protective covenants are approved initially by the Planning Commission and City Council as part of a planned unit development application. At the platting stage of the development, the PUD covenants are included as a part of the subdivision's restrictive covenants, thereby becoming enforceable by the property owner's association. Typically, the City's responsibility ends at the PUD covenant stage and applications such as this when approved, from the City's standpoint, are allowed even though they are not in compliance with the subdivision's covenants. Unless amended, issues of enforcement would then be between property association and as part the protective covenants approved with the subdivision plat. 8. Property Owner Signatures 9. The Center on 86th Street Site Plan THE:: PLAT SOaK OF" TULSA COUNTY ~ COPYRIGHT !993-. ROY MALE:RNe:e:. CITY MAP SE:RVtCE:, tNC::. TUes.\ rt: ~N(;J Stc. ,,"0. r~.!1-M. 11- J.d-C NORT.'-I STREET 86TH 717.97" s tJ9'55'26~ W ~~rtYltt.>:lvft1;;if( WlA"in::J iiV'."H:$ PlAr. ~ souru IJV!t' Of srt:fJQN ..""0 .\ ~ L jQ' i1Ul.f)JM; ~,~W- (j09.']! . 3 il~ S!~ -<:: i" ~e U 1 ~ G 12 C!J ~~~ ,wr ~ >:::: i'5 ~ -.;: ~ ,." ~ is "- ~ ""' ~ g~ .~ l;:S_ :gg lr! . 19!!,QQ." ~I~ 3 '" :1 i!: ~I~ ~~ .~ ll::c,' ~<:::) ~~ Q- ~ !.J ;:j a ~I~ ~~ s. " ~~~ ~IP -~ ~ "" I JOO.()<J' M:CE!Sw~- o. li"ttOt"d11'1(W AflC4 "ffI'"\ ==== ~.~ Pa,/~ L-- 't. UNPLA17~{) ~.!@l!>1~m.'~==l'Wjta""\l ~fflfID!t, , nw{'ffl~~ I$U01"""~~<fJ a~ <tI] "U: ~\l!;)~.dJMI!l@M"'a~l<l'Vft>l~mlll~<nWI:W;'.)ldY4~ ' ~~wt:W~~~r4Ihtu;:m(J.(}~ -~.ag ",:f" ._I'.~ J01\N,. CANr>l(U ~2r~. ~ i!1 ~ C''l, .,ali!J!;C,r:l WCA nON AtilP IJJ:.VMS t.. I<<XXJ. pc. 'Je. eCNSlJI.flNt; ~ t- IfJl, &$!!j NORm 11:nH l'ftSr A~'~1'f{/t' Q~Sa. Otf. 1'4():jj 1918) NJ-l$lJ:t 11lWWP'.Jl': E}{(;tJqz,," liUJ.MA!/>: I.Lt:: UfJJ..lJ..a41ff,f a'!}1J. CV,A~ ~~ )'/JlflJP (918) J4I-313J' ~ ~ bIJ""'fiNf' M.]6 tASf' :13m f'IflQ;' MJ:4. Q#t In.4IJ (91&) aa.]-89J' ~)- J l:J PLAZ PUG NO. 1 f AN AtJ0lT70N ro THE: crrr OF QWASSO, l7JLSA COUNTY, STATF: OF OKLAHOMA A PLANNEO UNIT fJCYf:LOPM[N! IN THE: SOUTHEAST QUARTC:R OF S!:C170N 20. TOWNSHIP 21 NORTH, RANCE: 14 EAST .tI.... <l.,... .~<> '~I"Cml't\,H" 'jJKCzt ~ '.11 ~t,f,..P;c>:.~' PLAT NO., 4945 AUGe 2.6, 1993 D~TE FILED Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Ow as so with respect to setback lines that are applicable and in force at the time of construction. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion ofthe Property shall be subject to the following standards, requirements and criteria. (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on~premises consumption, or any other health, recreational or entertainment~type activity shall be operated, or pelmitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be pelmitted on any portion of the Property: (i) Any use which the raising, breeding or keeping any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. ARTICLE III Protective CovenanJ~ Section ~nation of Permitted and Prohib~ses. Sou theas t EEGINNING 0 -AND~ A portion of Lot Two (2), Block Two (2)p RAM PLAZApPOD No. I1p an Addition to the City of Owasso, Tulsa County, State of Oklahomap according to the Recorded Plat thereofp BEGINNING at the Northwest Corner of said Lot Two (2), Block Two (2), Thence South 263.13 feet to a point on the South line of said Lot Two (2), Block Two (2), Thence East feet along the South line of said Lot Two ), Block Two (2), Thence North 263,13 t to a point an the North line of said Lot Two (2), Block Two (2), Thence West 12~15 feet along the North line said Lot Two (2)j block Two (2)p to the POINT OF BEGINNING OF A portion of Lot One (1), Block Two ) j RAM PLAZAp PUD an Addition to the Owasso, Tulsa County, S Oklahomaj ng to the Recorded Plat thereof, more particularly as follows! to~wit: BEGINNING t Corner Lot One (1), Bl West ne ock Two to a Two (2), Lot One (1), Bl , Thence 2 ,13 ) , (1) , No. 11, Legal Description The City of Owasso has been growing steadily for the past decade, but entertainment options have not kept pace with the city's rapid expansion. With the exception of the skating rink and movie theatre, or outdoor sporting activities such as golf or soccer, It is our intention to lease an area within a recently built complex known as The Center on 86th Place, located at 12811 East 86th Place North, Owasso, with the purpose of promoting the sport of Billiards through the operation of a Billiard Parlor. We have secured financing to operate the business, and have developed a detailed operational plan. Our facility will feature 18 full size tables, televisions for viewing live sporting events, and an assortment of arcade games, darts, any other diversions. Our guests will reflect a wide section of the population of Owasso, as the sport of Billiards appeals to participants of all ages, races, and genders. We will offer our guests an assortment of snacks and beverages, including chips, candy, nuts, popcorn, soda, juice, and water. And for our adult guests, we plan to offer a variety of bottled low-point 3.2 beers. No other alcoholic beverages shall be served. A kitchen that serves hot meals, such as burgers, sandwiches, and chicken strips, will be in operation at a future date. In addition to casual play, a Billiard league will be fonned, and regular tournaments will be held. The atmosphere will be upscale, and a family-friendly environment will be enforced at all times. Our goal is to open for business prior to the Thanksgiving holiday of2002. The purpose of this letter is to request a modification to the existing protective covenants that currently apply to a planned unit development in the City of Owasso known as "Ram Plaza", PUD-II, located on the Northwest Corner ofthe intersection of 861h Street North and 129111 East Avenue. This requested modification would apply only to the protective covenants specifically defined in paragraph (a), Section 3.01, Article III titled "Protective Covenants". In addition to other restrictions, this paragraph specifically excludes any "recreational or entertainment-type activity", and any "establishment which sells alcoholic beverages for on-premise consumption". We would request that these specific restrictions, and only these restrictions, be repealed in order to allow the operation of a Billiard Parlor on the premises; such operation shall be described below. A modified copy ofthe above referenced paragraph with the specified restrictions removed is attached for your approval. RE: Proposed PUD Amendments for Ram Plaza, City of Owasso, PUD-ll President Breakroorn, 74055 TO: Robert Moore, City Planner City of Owasso 111 North Main 74055 Sep.3,2002 Also attached to this request are signatures ofthe property owners within Ram Plaza who have consented to our intended use of the property and the modified covenants. In addition to the use restrictions that we request to have repealed, there currently are also restrictions that do not allow a motion picture theater, health spa, or any other health activity to be operated upon the property. However, there currently exist several businesses that operate on the property or part ofthe property which seem to fall under these restrictions, including the Dickinson Theatre (motion picture), Healthsouth Sports Medicine & Rehabilitation Center (health), Standridge Clinic (health), Mark Franklin Dentistry (health), and Owasso Oral & Facial Surgery (health). Until recently, a workout facility (health spa) called Fitness Zone operated on the property. The Git-N-Go convenience store also sells alcoholic beverages, although not for on-premise consumption. It would appear that the existing restrictive covenants are either not being enforced, or are being selectively enforced. Therefore we feel that our request to modify the existing restrictions would not be unreasonable. The location of our facility within Ram Plaza makes sense from a business perspective when considering the proximity ofthe movie theatre and the high schoo1. No other location in the city offers such convenient access from both facilities. And while the original restrictive covenants were put in place in order to help maintain property values within Ram Plaza, we do not feel that our intended use of the property will constitute a detriment to the area, but will instead reveal its potential. We have no intention of allowing any activity within or immediately outside our facility that would pose any risks or danger to any of our guests or nearby businesses, and plan to implement and strictly enforce a simple but fair code of conduct for anyone on the property. We expect that a clean, attractive, and hopefully popular destination will only help contribute to the value ofthe nearby area. In recent years the City has pushed a campaign geared toward getting residents to "Shop Owasso" to help keep discretionary income spent within our own town, in order to increase sales tax revenue. While the campaign has been fairly successful to date, it could be dramatically more successful if the emphasis where not placed mainly on retail, but an effort was also made to include entertainment dollars as well. recreation and entertainment options are extremely limited. Often our residents are forced to travel to Tulsa to meet this need. The sport of Billiards is an activity that can help to fill this vacancy. Billiards is an internationally recognized sport, with professionally televised men and women's competitions. Participants of all nationalities, ages, and genders all over the world enjoy it. Billiards has traditionally had a bad connotation, being associated with gambling and dark, scary halls where fighting and other seedy activities took place. While these types of places do still exist, they are now the exception to the lUle, as Billiards has dramatically cleaned up its image in the past couple decades. Today, billiard parlors are most part family oriented and child friendly. Many are very upscale rooms where might take a date to enjoy a fun activity together. is even considering adding Billiards as an official Lance Preston, President The Breakroom, Inco (918) 547-9574 Thank you for your consideration. We ask that you please consider this proposal. and present it to the Planning Commission at the very next meeting with your recommendation. I am available at any time to answer any questions you may have, or to present additional information upon request. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the city or any other governmental body in which the property is located. (vi) Any noxious or offensive activity which Owner deems objectionable and adverse to the preservation of property values of the Adjacent Property. (v) Any uses which may require water and sewer services in excess ofthe capacities aIIocated to the Property by any governmental authority. (iv) Any mining or mineral exploration or development except by non- surface means. (Hi) Any industrial uses, including, without limitation, any manufacturing, smelting. rendering. brewing, refining. chemical manufacturing or processing. or other manufacturing uses. (ii) Any dangerous or unsafe uses. (i) Any use which involves the raising, breeding or keeping any animals or poultry. (b ) Notwithstanding any other provision contained herein to the contrary. the following uses shall not be permitted on any portion of the Property: Sectio~_ 3.0l~ Design.athm of Permitted an.d Prohibited .~ (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, or any other health activity shall be operated, or pennitted to operate upon the property. Section 2.02. Recordation of Dedaration and Amendments, This DecIaration, and any amendment, modification or revision thereto, shall not be effective until filed for record in the public real estate records for the county or counties or cities in which the Property is located. ance Preston, President The Ereakroom, mc. (918) 547~9574 Sincerely, Please modifY my previous requ~st and present this modified proposal. at the next scheduled meeting of the OWWlSO Planning Commission with your recommendation. Let me know if you have any further questions, (a) No theatre (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on~ premise consumption,. or any other health rocrcatloA~1 or cnre~lnme"t type activity shall be operated, or permitted to operate upon the property, :I BOW reqMe~t that tbls par~gr~ph b~ ~meDded tG resnd like thi~: (a) No theatre (motion picture or legitimate), health spa, skating rink, bowling alley! dairy store, establishment which sells alcoholic beverages for onm premise consumption, or any other healthg recreational or entertainment~type activity shall be operated, or permitted to operate upon the property. Mr. Moore, Due to ove~Nhelm.ing concern by the property own~s within Rmn Plaza, I have decided to ;amend my r~que!t to modifY the Protective Covenants of PUDw 11 v and wish to exclude the removal of the restriction on ;ak:oholic beverages, The paragraph I am referring to is paragraph (a) of Section :UH in Article III titled "Protective Covenants'" is currently written M fonows: 1 Proposed PUD TO: Robert Moore, City Planner City 0 f Owasso 111 North Main S~p.27,ZOO2 ~ f' ~ / " .. ~lf', f''' 8 Q 1 1./, O~ v wee ?I~LD S~~V1C~S 9185616944 3:09PM (' <"\f'\ ('Ii! ("."0" ;) :.;, ~:. C::!J ~ l'f l. i'f"~. :! .t~ ~ ACING WITH CHOICE Fa. (414) 918-5050 We have a significant investment in our facility that we believe would be adversely impacted by the Billard Hall. We believe that the clientele of the Billiard Hall would be rough and loud and would likely congregate in the parking lot during the Billiard Hall's hours of operation and well afterward. Our residents and their families would be intimidated by the Billiard Hall's clientele and disturbed by the increased noise and traffic, particularly at night. 1'"","," (414) 918-5000 ~ @ 1Il The purpose of this letter to is to inform the Plan Commission that we strongly object to the proposed amendments to the Restrictive Covenants. Simply stated. placing a Billard Hall adjacent to a home for the frail elderly would not be appropriate. More specifically, our concerns include the following: We have received a letter and phone calls from Mr. Lance Preston, President of The Breakroom, Inc. seeking our consent to certain changes to Restrictive Covenants that are part ofilie Planned Unit Development in which our facility is located. The proposed changes would allow Mr. Preston's company to develop a uBillard Hall" on property adjacent to our assisted living facility. Altena Healthcare Corporation leases the above-referenced property from Health Care REIT. me, and operates an assisted living facility at that location. Our mission is to provide high quality resident care to the frail elderly, Mr. Sterling House of Owasso, OK 12807 E. 861h Place North Owasso, OK 74055 City Planner Owasso City Box 180 Owasso, OK 1405.5 WW'IM.8ssisted.com 10000 Innovation Onve Milwaukee, WI 53226 National Office T-884 P.02/01 F-953 14149185055 SEP-27-02 04:11PM FROM-ALTERRA ACt~C W!TIi CHOlCE cc: Lance Preston Health Care REIT, Inc. David Hammonds Eric W. Hoaglund, Esq. Sincerely, (5 Chet Bradeen Chief Operating Officer or hearings to held regarding this We would like to receive notice of any matter. This letter should give you a sense of ollr COfu:ems. If you have any questions or need additional information. please calL Ifyoll prefer, you may speak to Attorney Eric Hoaglund who is our Director of Business Legal Affairs. His direct line is 414-918-5410. now to revenue mr our @ the site Covenants. It would unfair to activities that would negatively affect our operations. $ OUf facility is staffed 24 hours per day, 7 days week, so we have shifts coming and going throughout the day and night. employees would have increased concern for their safety. (!9 Any real or perceived problems resulting for the location of the Billiard Hall to our facility would negatively affect our marketing and would rates our with a ALTEl<ftA MY Robert Moore September 27,2002 Page 2 T-884 P.03/03 F-958 14149185055 SEP-27-02 04:12PM FROM-ALTERRA ~;b7 .7;';; II ~ ~ II~ f- Zji ~ a. ~< I$--';;{ -l ! C" 'OJ I . ('\/.. ,<[\ LL <( 'ILl ~ q 1--1 <! -J 3 ~ ~ I" wJ QH I u I II 'J I I. ; tr--- I - 'r. "/ 1 ! i ,;, ,7r;, 07 1--) v Z. '/17'0' 'z 10.7 . .-..- ..... '''""j 'z,L-m...-... Ill. <I~ \;l Cil U'.' tJJ ?! III lL. C"r'li [~J-:.JQi ; _ t 'I I \ . ~! . ~ I' ::i ~ . I i,:L . ~ ~ ~ ..; ." . 0 ..) _~<i.)J ' IL~.-rr C i~l I ~.. I ' i I ~ ! . i .:J~~_~I~ .:_,-.1,~~-cr, ~? ccJ_L-+ I I _. '- --,-- ---- -----1-....1-- --L.. .-__~_._' _ __ .~-_.lr" ;. .Vd~).5!";,,"U!J l' I (.J.(J3N;J;;Y5 "d;l.1.I'/>f /;/-" '" . -- _L -:... '_"_ ~__, _ __ N I loA .. I "1 V t" ~ ,- ---- ---- .. - t\l ",. I ~- .... ___ _ --... _~__ .........-..._. __=_. =----_~.. _ _ I I ,.. -; , l-S: -' /J/h'",':;::;Yj /'':l7l.l.n ,/...... <\I' ~I- ----1-... I...... .;~ C+=---,.. -,.- ......f--... /-: -]~ \l~' ", I..", "..~, .J...., - r- ....., ~ .... Y:'1~ ,,/ ,o"'l....';'..;~ ~:) ,.. '- '..t .cl ~. , I '>--" I e.1--,,- ----, . - __ \\,. ~ _J"v I .'4 _ I '.1.:... __ 1'- ~ '31 '00/ 'J.J ~"'I. ---r- ~ ,. 1--1. I ~~ I I ,.... 1 ~:~ I I ~ uJ J <<) -.9 ~ I-- J ",. :J:.. i:;.' ,:;: IJ\! __ -<l', on ,,-~.fl \ '" .' ./ I ..11 j i u .,; "- IS' ~-~ ~ ':2 =<> ~. .: <1 II, 01 J ~ I <<' I . i"'. . ~ \!J / . I I.. . f-' I I /1 a5 ~I ~ u_ "\.. '<r. \7, ~"~, ._ Lu_~~u~ I r ..... 1 I I - . . ~ -~ : ~I =f-=f=====-=~~ I .:: << --.J <oJ L. :( '1. I < 01 ~ , _ 0 ,\ . ".\, " 1:llt~ 1 - J I .1 ~~=- I ~ .. UI >J' .. r ;1 ..' ~ , ,,: I:7J I t ~ <:i If! \S' 1:'\ .~i i I .-- .1 ~I I I -'v~- ! _ u~ I q) ~I I I I , I ~,~- ~ ,n A TT ACHJ\.1ENTS: 1. OPUD-ll Ram Plaza Protective Covenants, Article III 2. Amended OPUD-11 Ram Plaza Protective Covenants, Article III 3. Section 1220, Owasso Zoning Code RECOMMENDATION: Staff recommends approval of the request to amend the protective covenants of Ram Plaza to allow for health related facilities. Included with your packet is a copy of the OPUD-11 covenants as approved by the Planning Commission on December 17, 1992 and amended on January 19, 1993. Although the current non-conforming uses would be allowed to remain under the provisions of Section 1220, (Non- conforming Use of Buildings or Buildings and Land in Combination), Owasso Zoning Code, staff believes this amendment is appropriate. A copy of Section 1220 is attached for your review. Staff should point out, much like the applications of Mr. Roark and Mr. Preston, this request would amend only the language included in the PUD protective covenants and not the language as approved per the subdivision plat. Any amendment to the subdivision plat that would allow health related facilities to remain would require the approval of the property owner's association. BACKGROl]NQ: The City of Owasso Community Development staff is initiating this request for the review of a minor amendment to OPUD-ll (Ram Plaza). The subject property is located northwest of the 86th Street N. and 129th East Ave. intersection. Staff is proposing to amend the OPUD-11 protective covenants to allow for health related facilities and uses of land. Staff's purpose in initiating this amendment is in an effort to alleviate the non-conforming status of the several health related businesses within Ram Plaza. September 30, 2002 1 THE PLANNING COMMISSION CITY OF OW ASSO MEMORANDUM Retm P/ct~a- lieCi!-th Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Owasso with respect to setback lines that are applicable and in force at the time of construction. Section 3.02. Development Standards. Construction, improvements, alterations, additions or llses of any portion of the Property shall be subject to the following standards, requirements and criteria. (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on..premises consumption, or any other health, recreational or entertainment..type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the the following uses not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non~surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values ofthe adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. ARTICLE III .Erotective Covenants Section 3.01. Desigr10UQ]1 of Permitted anduprohibited Uses. Section 3.02.2. Building Design. All stmctures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. Section 3.02.1. Minimum Setback Lines. All stmctures shall comply with the zoning code or other requirements ofthe City of Owasso with respect to setback lines that are applicable and-in force at the time of constmction. Section 3.02. Develo?ment Standards. Constmction, improvements, alterations, additions or uses of any portion ofthe Property shall be subject to the following standards, requirements and criteria. (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on~.premises consumption, or any recreational or entertainment-type activity shall be operated, or permitted to operate upon the property. Notwithstanding any other provision contained herein to the contrary, the following uses shall not be perrnitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non-surface means. (v) Any use that may require water and sewer services in excess ofthe capacities allocated to the property by any governmental authOlity. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values ofthe adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. ARTICLE III Protective Covenants Section 3.01. De~tion of Permitted and Prohi:Qited Uses. f. A nonconforming use of a building or of a building and land in combination when located within a residential district shall not e. Where nonconforming use status applies to a building and land in combination~ termination of the use of the building within the meaning of (d) above shall eliminate the nonconforming status of the use of the land. d. A nonconforming use of a building or building and land in com- bination, if discontinued for 12 consecutive months or for 12 months during any 18 month period (except when governmental action impedes access to or the use of the premises). shall not thereafter be resumed~ When at the effective date of this code or amendment thereto, there exists a lawful use of a building~ or use of a principal building and land~ or use of land and accessory structures~ such structures covering more than 10 percent of the lot area~ and such use would not be permitted by the terms of this code or amendment thereto, such use shall be deemed noncon~ forming and may continue subject to the following provisions: a. No building devoted to a nonconforming use shall be enlarged or extended9 except in changing the use of the building to a use permit~ed in the district in which it is located. b@ "A nonconforming use of a portion of a building may be extended to the remaining portions of the building if such portions were manifestly arranged and designed for such use but such use shall not be extended to occupy any land outside the building. c. A nonconforming use of a building, or building and land in com- bination~ if superceded by a permitted use shall not thereafter be resumed. SECTION 1 NONCONFORMING USE OF BUILDINGS OR BUILDINGS AND LAND IN COMB I NATION c. No itional struc (ot an fences) shall in conn ion th such nonconforming use of land, d. If any such nonconforming use of land ceases for any reason for a period of more than 90 days (except when government action impedes access to or use of the premises), any sub- sequent use of such land shall conform in all respects to the regulations of the district in which located. erected use shall be moved in whole or in part lot or parcel other than th occupied tive date of this code or amendment No such nonconforming to any portion of the by such use the thereofa b. conforming use, nor enlarged or increased, nor extended to occupy a greater area of land than was occupied at the ef- fective date of this code or amendment thereof, oc:: SECTION 1240 NONCONFORMING LOTS i. Single Lots: In any district in which sJngle-familY dwellings are permitted, notwithstanding limitations imposed by other pro- visions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownershipe This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district. provided that yard dimensions and other requirements not involving area or width~ or both. of the lot shall conform to the regulations for the district in which such lot is located. b. All signs granted a variance under Section IX, of Orde No. 309, the Owasso Sign Ordinance~ or other sign ordinances shall not be subject to the provisions of Section VII A of this ordinance. A sign lawfully existing at the effective date of the adoption or amend= ment of this code but which would be prohibited under the terms of this code or amendment to the code shall be deemed nonconforming. . a. All nonconforming signs within the city shall be removed within five (5) years from September l~ 1981 the effective date of Ordinance No. 309. SECTION 1230 NONCONFORMING SIGNS g. ~nould sure cant ning a noncon damaged or tially troyed to the t of rr~re than 50 nt but less than percent of its current lacement cost the time of damage~ the restoration of the structure shall be subject to the Board of Adjustment's findings, after adherence to the procedural requirements for a Special Exception, that the contemplated re- storation is necessary for the continuance of the nonconforming use, and will not result in any increase of incompatibility with the present and future use of proximate properties. Should the ructure containing a nonconforming use be damaged or destroyed to the extent of more than 75 percent of its replacement cost the time of damage~ the nonconforming use shall not thereafter continue or be resumed. be changed unless changed to a use permitted in the district in which located. A nonconforming use of a building or of a build- ing and land in combination, when located within a district other than a Residential District. may. as a Special Exception. be anged upon approval of the Board of Adjustment after finding that the proposed use will not result in any increase of incom- ibility with the tand future use of proximate properties. e change a use to her use contained within the same use unit shall constitu a II ange use!! within the aning of is sect'lon. ZONING REQUIREMENTS The subject property is zoned CS (Commercial Shopping District). According to the City of Ow as so Zoning Code, a full service car wash falls within Use Unit 17 (Automotive and Allied Activities) and is permitted by Special Exception. The applicant applied for and received special exception approval from the Board of Adjustment (GEGA 01-20) on December 20, 2001 to allow for a full service car wash in a properly zoned CS district. SURROUNDING ZONING North: OL (Office Low Intensity District) South: CS (Commercial Shopping District) East: CS (Commercial Shopping District) West: CS (Commercial Shopping District) PRESENT ZONING CS (Commercial Shopping District) SURROUNDING LAND USE N arm: Vacant South: Vacant - Detention Easement East Retail - Home Improvement West: Vacant EXISTING LAND USE Vacan! LOCATION The subject property is located approximately 500 feet north of the 96th Street N. and 119lh East Ave. intersection, further described as a portion of Lot 1, Block 2, Tract B, Owasso Market II. City of Owasso has received a request from applicant, the of a plan "The Wash". The applicant is proposing to locate a 7,980 square foot full senice car wash on approximately 1.87 acres +/-'. The subject property is located approximately 500 feet north of the E. 961h Street N. and 119th East Ave intersection. A site plan and a general area map are included with your packet. SITE (The ,Car Wash) CITY OF OW ASSO OMMUNITY DEVELOPMENT DEPARTMENT If approved by the Planning Commission, this item does not require City Council action. Staff or utility providers noted no other comments. The site plan included with your packet contains the recommended changes. Storm water detention for this lot as well as others in Owasso Market II were approved as part of a comprehensive storm water plan for the entire property. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the site plan at their September 25, 2002 regular meeting. At that meeting, the following comments were received: 1. Sidewalks are required along N. 119th East Ave. 2. Washington Rural Water District requires that the water meter be set outside of paved areas. 3. Parking stalls should be shown as 9' X 20'. 4. Handicapped parking stalls should be shown as 12' X 20' with a minimum 8' access aisle (van accessible). 5. A note should be added to the site plan stating that handicapped parking signage will be in accordance with ADA standards. 6. The handicapped parking location should be moved to provide sufficient and safe access to the main building. 7. A staging area should be shown to the south of the proposed facility. 8. All signage will require a separate permit. The applicant has met all other parking, landscaping, and locational requirements with the exception of parking stall length requirements. Finally, staff has concerns about the location of the required handicapped accessible parking. As first submitted, handicapped persons would be required to wheel across not only the main access drive to the facility, but also the vacuuming area on the eastern side of the facility. Potential conflicts seem apparent to staff in that, handicapped persons would be required to wheel or walk between and around parked cars. Staff will require that the applicant provide an acceptable location for the required handicapped parking. First, the applicant is proposing to locate and lease approximately 9,000 square feet for an automobile lube shop along the southwest corner of the property. Although not a part of the present application, upon approval the lessee will be required to submit a site plan application and receive separate approval from the Planning Commission. ANAL YSIS The applicant is proposing to locate a 7,980 square foot full service car wash on approximately 1.87 acres +/-. Careful review of the application by staff indicates that two issues require attention by this commission. 1" General Area Map RECOIVIMENDA TION Staff recommends approval of the site plan for "The Car Wash" as shown and subject to the following condition: 1. The applicant applies for and receives separate Planning Commission site plan approval for the proposed lube center prior to the issuance of building permits. ^~ ~ ~ __ l' -~ f S 1:i'ini ruu;r ~>>~ t~ tm1M !!NINI:ll IIiWl , (:) ~ \)\ ~ \J\ \]\ -~ :s: n"'-;;:Q<l :;~e~ 'll~)> 9 ;!l "'" '" ~ ~ ~ ~'0J~~ '\]\95,,, ~\\\~(:) i:fi pn",,() (5 n =:3. -u Z ~CJ"'7'~ ~Z~ ~ ~ ~~o;'I / ~ -- i't<(:) 5:-\ ;:E ~~ ~ ~ ~ S ~ ~ ~ \ 7' ~ \\\ \\\ -\ . ~ [1' '~[.J. ..j r: 1 li:,l .-.c. ., r" I '-'", ~~~.~~- ~ ! / . ! r l' i l H } t , \ N \ Z \], \\\ ~ ~ ~! ~~J 1 :;r 'l' , f'i~ ~H i H5 f" 11 i ~ "0 Y. !:t.Otx I. om\5oi? MA~Kt: r t I Q U I f:1 I~a !;Q~ Iq -~ ~~ IS I II~ lC~ .1 Ii :", L ~ I If II ! W ~I ~I i I!IB ~ iI~ =D If Il Q ;q.; IIlg' ~9 1 .1 111111 \ 1111 L ur !: ~ la sa i II 111 I ~ ~ ~ ~~ I: :=J!~;~. 'oj . ~ } ZONING REQUIREt'\tIENTS The subject property is zoned PUD/RM-l (Planned Unit Development/Residential Multi- Family Low Density District). According to the City of Owasso Zoning Code, a multi- family complex falls within Use Unit 8 (Multi-Family Dwelling and Similar Uses) and is permitted by right in the R1vl-1 zoning district. The proposal, if approved, would meet all other requirements as set forth in the City of Ow as so Zoning Ordinance. SURROUNDING ZONING North: PUD/RM-I (Residential Multi-Family Low Density District) South: PUD/CS (Planned Unit Development/Commercial Shopping District) East: PUD/RS-3 (Planned Unit Development / Residential Single Family High Density District) West: AG (Agricultural District) ~ Across 97th East Ave. PRESENT ZONING PUD/RM-l (Planned Unit Development/Residential Multi-Family Low Density District) SURROUNDING LAND USE North: Residential ~ Multi-Family South: Vacant East Residential - Golf Course West: Vacant ~ Across 97th East Ave. EXISTING LAND USE . Vacant LOCATION The subject property is described as Lot Block 1, Lakeshore Greens Addition. See the attached legal description. The City of a request from Architects applicant, on behalf of and Associates for the review of a site plan for the Villas at Bailey Ranch. The applicant is proposing to locate 132 multi-family dwelling units on approximately 89 acres + r,. The subject property is located approximately 600 feet north of the E. 86th Place N. and N. 97t!l East Ave. intersection. A site plan and a general area map are included with your packet. SITE PLAN (Villas at Bailey Ranch) CITY OF OW ASSO COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION Staff recommends approval of the Villas at Bailey Ranch Site Plan subject to the following conditions: If approved by the Planning Commission, this item does not require City Council action. Staff or utility providers noted no other comments. The site plan included with your packet contains the recommended changes with the exception of the recommendations below. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the proposed amendment at their September 25, 2002 regular meeting. At that meeting, the following comments were made: 1. An acceleration lane is required for the exit along 97Eh East Ave. 2. Sidewalks are required along 97th East Ave. 3. Parking stalls should be shown as 9' X 20'. 4. Handicapped spaces should be shown as 12' X 20'. 5. Wind / trash fencing is required to be installed around the entire site prior to the issuance of building permits. 6. Landscaping is to be installed per the submitted landscape plan. 7. Individual Certificates of Occupancy will not be issued until each building is complete. 8. All signage permits will be issued separately. 9. Staff will require an agreement approved by the Owasso Police and Fire Departments. 10. Speed bumps will be required within the development. 11. Fire lane(s) are to be provided. 12. The applicant meets or exceeds all requirements set forth in the letter dated September 23, 2002 from Mr. Phil Lutz, City Engineer prior to the issuance of building permits. Property development around a golf course presents some unique and unusual challenges to both staff and the developer. Staff has conducted a comprehensive review of the site and feels comfortable that the site plan submittal is one of quality that has taken into account problems that may arise prior, during or after construction. The applicant has floor for 1 and 2 bedroom apartments and building elevations for the multi.,family units. Additionally, sidewalks an acceleration lane will be required along 97th All other City requirements have been met by the applicant (with the exception Technical Advisory CODUnittee comments discussed below) including a well-designed and detailed landscape plan and all parking requirements (231 required, 235 proposed with 12 handicapped spaces). ANAL YSIS The applicant is proposing to locate 132 multi-family dwelling units on approximately 6.89 acres +/-. When the original Planned Unit Development was approved for Bailey Ranch, specific conditions regarding the development of different areas within the PUD were established. Lot Block 1, Lakeshore Greens was identified as a suitable site for multi- family dwelling units. 1. General Area Map 1. The applicant receives approval of an accessibility plan from the Owasso Police and Fire Departments. 2. Fire lane(s) locations are to be addressed separately with the Owasso Fire Department. 3. Individual Certificates of Occupancy will not be issued until each building is complete. 4. The applicant meets or exceeds all requirements set forth in the letter dated September 23, 2002 from Mr. Phil Lutz, City Engineer prior to the issuance of building permits. 5. Wind I trash fencing is required to be installed around the entire site prior to the issuance building -rHE pLA-r 800K~ TULSA COUNTV ~CopVR!GHT 1997 ROV MALERNEE, CITY MAP SERVICE, INC. , TULSA, OKLAHOf'vlA FEDERAL LAW pROH!81TS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER, LEGEND NORTH SOUTH EAST \.lEST BUilDING LINE UTILITY EASEMENT LIMITS OF NO ACCESS UrJPLII rrEO ) I I I I I I I I I I I ~ I , 72.19' v " , '" souTHvesr CQUNell $V/. see 19-f2IN-RI'. N S ( IJ B.L. UIE L.N.A. PI-II rrEO UrJ N 45"00'00@ \J \ \ \ \ \ \ \ \ ~/.!:.... ~ .J J!a~s~s..:.. \L _3~.1l:. _ _ ~ ~ _ ~ ~---w~--~------------I 11 \ I I I I ___~ I 88G55845" V \ ... I )r, 230.00' -f,. \ ~ I ' . M .-: \.iI~ \ :! I !" ~ . - 0 ~~= \ I ~ ~~ ' ~ v. ~~-------~ I 0 /- S EH.l"S5'458 IJ 375.00' '\, I " -.J Lor 2 1 toT 1 -~k .:.;:"- ~__~~tm. == ~ MG -==> . 11.~' ~ - - - ::L- N 8!:1"SS'4S0 E N OrlS'ISd IJ 98.34' ~ N 88"S5'4S" E ~1.&\'!1W~d~i\'?lij <=>'""",===-=>~ Uf'lPLft 1r~O ~EER TUTTLE ~ ASSOCIATES, INC, "me ~. 55TH PL TutS"'. DKl.MiIJH'" 74146 PHONe;. (9Hll 663-5567 C(RnnCAT!: Of' AUTHORlZ'" flON NO. 465 EXPIRES !i130/97 rl~ LARKIN BAILEY fOUNDATION 6\;:! S, DE:NV(R ilR.SA, em: 74!!9 PHaN~. (';JIB) 582-5717 O.P.U.D. '" AN ADDlTlON TO THE CITY OF' I:JIJASSD, TULSA COUNTY, OKLAHDHA A PART Or THE SV/4 OF SECTION 19, iDlJNSHIP 21 NORTH, RANGE 14 EAST. TULSA COUNTY, OKLAHOMA GREENS E LAKESHO ~ ~ Cl: 1;S ~ ~ i!:: ~. ~ I 1,,0 I ~I~ - o I~ trl !fl !fl C!.lmlCODl .-, -1ft r/Izllofi -_~~100 :::::~~---;.j;:;~ es - __ "",.1.l1ik::k. ts ....lMlorct: bJ_ot".oI1f '" .14~.~'" ~,"~""'I!iItl"'llfil_"",...tt."""'Ii'o ~~~"'-f_-...efl~~bq ~ ~L.1 d'1 h1 '1"" . -" --" . ~~~ (/ ". '. ~ .': ~~ G '.'ft.~. \~ >' PIl1Nf or mtGl"""NG """"'- WifJ1~~1!llIW z Lo'T ~'-C> LI,4. \ " ro - m - . C; lJ :Ja 617.599 S~UARE f~~f 14.10 ACRES <2 Lars i~ " '~ rJ ~ Ii ;; ~'Pc~~ R 14 E (ASf 96th STREEr NORTH . PLAT NO. 5190 fUn/) et)U'ltfV C:UBlf . JGAN tt,Urrl>!.0ll teN fI,uU "lit!" 1~"\lIB& 9<< IJ ,flnlt" VlJIJ 'f.H P08 t S/P ,lllJO/846S.U69 April 29>> 1997 DA TE: FILED The staff proposes to enlarge the adjusted urban area boundary, thus increasing the total number of road miles, and ultimately increasing the number of roads within Owasso that are eligible for improvement through the Surface Transportation Program. The change in the adjusted urban area boundary will not place Owasso in a different "pot" of money and will not affect the cii:'j's chances The Ci~ of Owasso, along with all other cities having a population between 5,000 and 200,000, is eligible fQr federal funds through the Surface Transportation Program that is administered by OOOT. Certain streets are given functional classifications by the Federal Highway Department within the city's urban boundary. These classifications include freeways, arterials, collectors, and local roads. These different street classifications are eligible for varying amounts of funds based upon the total number of road miles within Owasso's adjusted urban area boundary. TRANSPORTATION FUNDING: Owasso is classified as a "small urban area" because it has a population greater than 5,000 and is physically separated from the four "urbanized areas" in Oklahoma: Tulsa, Oklahoma City, Norrrum,and Lawton. Bird Creek separates Owasso from the Tulsa urbanized area according to the strict census definition of urbanized areas. Collinsville is included in the Owasso small urban area. URBA~.AREAS: The Oklahoma Department of Transportation (ODOT) is coordinating an adjustment to the boundary Owasso's urban area. The Census Bureau prepared the urban area boundary with information from the 2000 Census. The staff has worked with ODOT to develop .the adjusted urban area boundary; generally, that area up to one mile beyond the limits of the census prepared boundary . The City of Owasso is a census-designated place. The ternl "urban area" means a census- designated place having a population of five thousand or more and not within any other urbanized area, within boundaries to be fixed by responsible State and local officials. Based upon this definition" Owasso is an urban area. THE HONORABLE IVIA YOR AND COUNCIL CffY OF OW ASSO TO: MEMORANDUl'VI Adjusted Area Boundary Map ATI ACHl.\1ENT: The staff recommends Council authorization of the Mayor to sign and the Adjusted Boundary}\lIap. 'The staff requests that the Mayor authorized to sign the proposed Adjusted Urban Boundary Then, will seek approval of the adjusted urban area boundary from the Federal Highway (FHW A). FHW A the with to within area. PROCESS: for receiving road improvement funds - the number of miles within the city eligible for federal dollars will simply increase. Map Legend 11 Functional Cia! 1terstate Xher Principal Arterials )ther Freeways & Exp" Rinor Arterials 1ural Major Coliector ~ural Minor Collector ~ Urban Coliector {if::%C'- Tiger 2000 Roads ........ Proposed Subsection IC2l Raiiroads o 2000 Census Urban Area Boundary '..... J 2000 Adjusted Urban Area Boundary ;:::; County Boundary II wO' S DATEAPPROVED~___ By Md}'<r, City of (Masso DATE APPROVED I By Division Administrnl:or I Federal Highway Administr.rtiOl1 DATE REVISED By Tulsa, Rogers Coun~ Owasso Urban Area Bounda~ 2000 Census Population 30,910 I I -----' J --- ~ ~ - ;, -+,---- ," " be "~, ~I 'I ,-',', I ~! I 1!~.l . - ...':'... ..,....: .'.: tu ' r- I ~. ',",," '.', t I . ~ T _~ ----: _ .~ ..,......- .... . . ..{ E_~ f1' :- .... ==-t ., .' :.1 _ '., .'. .. T I . , -: - L _ ,....... i II ~ fJ _{ ~n-t ~~ I -.t J..>-, \'1 f-- ~ . ',. i ~r :::-.- L -- ~, Jt: ~.1 ~ICi V I., 1'=1 - _ If; lCfT ~ '- =., L, .1 Jrj.- ~ Ji~r ..... ..r-; rlrt ! (~. '--rT .,. .......-3;. II I ''--'--' " e, . j,5;j --I T P -1, ,O~1r---~~.jlJ1.................:t.+ ""~ IIH !.~ _ :..:...':.'. ....:. ~ -- , ~ ~ ~, ! --J ~, ...:. r>-l '~~ tb"~,,, n r--L' - , ",~;UJ I1t ,:'.j& h >< J / },,,,,i '~j _. ". :' ~ I e -f-----ff I I 'Jle' J 1- '. ".:.'. 10- . '. . ~ l11-!" -'{ _ " __ 1_ , , " . ">'_ lll"r '~. J , , " '-"I , ", . _ " e;:::" ~ .... . r . ,.. "~" , ~ 601b. i IH' l' I " : d 1 ' I' , . ! ' ,', \ 1 ~'~. ...... t-', .. ...~. \ .. i.... .. ....... . . i I "" " Ii .<, .... Y,. ( '. .... ..,.. 1 ._:. I '01' ........'...ruLSA...6JilNl J{ -r I - I '--- 1 __..._ r---. I ~ o ox .S ~ I ;;.)}:#f."i?.'., A;':-;~,,' :;!1!~'1!.~':\~.~73'::; ';:'; ~ }{, I . h.. '6?'"I,P'" ~~-:U~ f ltzj 1)\ c /j T { ~ ~ i '-'_ 1= IT r1 0.0 @.4 @.8 1.2 1.6 2.0m! 11::=-r=~1 ----_BIIi!I!IiIII AREA BOUNDARY BASED ON 2000 CENSUS ------. The City of Owasso has utilized Horizon Construction on other projects. Their work has been found to be acceptable. The project was advertised on August 29,2002 and bids were opened on September 19th. Four (4) bids were received as summarized on the attached bid documentation. The apparent low base bid (not including the additive alternate) was submitted by Horizon Construction Company, Inc.(Owasso, Oklahoma) in the amount of$119,667.26. The additive alternate amount bid was $5,458.00. Horizon has met all requirements of the bid process. SOLICITATION OF BIDS: Detailed plans and specifications were developed by Public Works Department Engineering Division personnel and include constructing a concrete-lined channel in the area of Thorn's Tire extending east about 550 feet from the service road. An additive alternate was included in the contract documents for an additional 50 foot channel section. This alternate was intended to be included in the contract should the main channel bid be lower than the designated $100,000 project requirement. The Three Lakes Channel Improvement project is one of three Supplemental Environmental Projects submitted to and approved in compliance with the Consent Order (Case No. 01-091) conditions with the Oklahoma Department of Environmental Quality. The consent order requires the city to construct an improvement with a minimum cost of $100,000 and with construction beginning no later than November 2002. The proposed project segment included in this construction contract is the first phase of a total project which will provide a concrete channel extending north to 86th Street North in the area of Goldie's Restaurant. BACKGROUND: October 8, 2002 DATE: JR,P,E, THE HONORABLE MAYOR AND COUNCIL CITY OF OW ASSO 10: MEMORANDUM AT1'ACHMENTS: 1. Bid Summary Sheet 2. Construction plans Staff recommends award of a construction contract for the Three Lakes Channel Improvement project (Phase I) to Horizon Construction Company, Inc. (Owasso, Oklahoma) in the amount of$119,667.26. JIECOMMENDATION: proposed projects list included the Capital Projects budget was developed and prioritized during budget preparation. that time, it was discussed that work on projects and/or equipment purcha'3es for lower priority items would dependent upon bid results. Funding for this project is included in the FY02~03 Capital Projects budget (line item 01-105-54230) the amount 00,000. An additional $19,667.26 will needed for this contract. FUNDING SOURCE: Page 2 Contract Award Three Lakes Drainage Channel Improvement Project (Phase I) Approved Capital Projects Budget and Priorities ATTACHMENTS: In this case, the staff believes the scope of work for the channel improvements is appropriate and should not be reduced. Therefore, it will be my recommendation that the project be funded at the $119,667.26 level, and future capital projects be funded accordingly. A total of $1,335,000 was allocated for 11 projects. Those projects were then prioritized and funding allocations made based on cost estimates. As the top priority projects are bid and contracts awarded, there will always be the need to either revisit the priority list or make adjustments to the funds allocated to the lower priorities. Thus, it should be noted that approximately $20,000 will be removed from the lower-rated capital project priority list adopted by the City Council during the budget process. Simply put, that means that funds for the street sweeper, storm sirens, picnic shelter, and radios will be reduced by $20,000 unless future project contracts are funded at levels lower than expected. Based on my review of Mr. Carr's recommendation relating to the "Three Lakes Drainage Channel Improvements Project," there is one point of clarification that should be noted. While there is agreement that the project should be undertaken and that the "project scope of work" is appropriate, the low bid is in excess of the funds initially allocated to the project (see attachment). BACKGROUND: October 4, 2002 DATE: RELATED DRAINAGE CHANNEL IMPROVEMENTS THE HONORABLE CITY MEMORANDUM ( 31 1,335,000 100,000 100,000 100,000 100,000 80,000 75,000 100,000 100,000 580,000 Citywide Streets, Drainage & Sidewalks Streets - $450,000 Drainage - $88,000 Sidewalks - $42,000 DEQ Project Three lakes Drainage Channel Sports Park Parking lot Rayola Drainage Improvements/Beautification Elm Creek Lake Dredging Project Storm Sirens Street Sweeper Park Picnic Shelter Radios Proposed Projects 300,000 450,000 42,000 188,000 Proposed Actual Actual 1999-2000 Line Item Capital Projects Budget Total Operating 01 195 54200 Improvements 54210 Street Improvements 54220 Sidewalk Constl'l1ction 54230 Drainage 54400 Machinery *Total Capital City of Owasso Fiscal Year 2002-2003 Annual Budget Certification: $9,000.00 $183,800.00 Yocham Enterprises Ine Sapulpa, OK $14,000.00 $179,600.00 Messer Construction Inc Tulsa, OK $12,750.00 $141,931.00 Magnum Construction Inc Broken Arrow, OK $5,458.00 $119,667.26 Horizon Constmction Company Inc Owasso, OK Alternate # 1 -- Base Bid Bidder Witness: Jeff Bain Witness: . Marcia Boutwell Bids Opened By: 4 Number of Bids: Three Lakes Drainage Channel Improvements Item: 1 2002 1 CITY OF OW ASSOIOW ASSO PUBLIC WORKS AUTHORITY III N. Main PO Box 180 Owasso, Oklahoma 74055 (918) 376-1510 RECEIVED OCT 0 1 2002 m<i'l.n$ ~ .w.:r\aillJ\"WJMm3:~ JW;lli\: x ~I ~ ~Nn~ui !1 ~~~-~ U:U:OOU: ~ ~~~~~~ [::'1 B; Gj~~~~~ ~ a ~33frl~3 ..s.. 0 ~o..o.fJl<:n. (fJ l>- 01 ci z I I'! ~ ~o.; "-g gf~ o ria s~ 6~ ';30 I;;~ "'''- w ~o :sg n..~ (r:ro ~i} u~if ,I illl ~ llil ~... -1 ~tn G:Ia) <.... m~ ~~w 8 ~~ :i!:;!!1i",~ I'!.J, a"'50J. ~~ u:>fJ).(a:: i!=g 8~g~~ ~! ~ oJ 'z r;l " <>~~ ~ 5 h\ii€ ~5fj Iii "'-1 3ffi~~ 8~'~ ~ -1< "'z 0 9 '10 08~iS ~iS~ w ~~ ~~0~ ~~~ if jE~ iS~[1ji:i Illig ~ 8(1) o:;)u ~o:: ~ ~~ ~~g~ ~~~ '" IB [5", " c"'''' o 1?~i5 u~g18 "g~ ~ ~zG\ t5 5g Z~tD ~ fJlB'" 5~I", ~5::f z z"" G:k.~0 ;'\u~ o 1(flii:J ",0 s: ~o'" o f3U)CO ow~ """z ~ ~8~ ~~~~ ~~fJ ;;j tD 'li <JZl!j:J ~ll." d ~~~ ~~;g~ ~~~ [(1~ tf)~T. 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