agenda - bartlesville, oklahoma · a. approval of minutes i. the regular meeting minutes of...

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REGULAR MEETING OF THE BARTLESVILLE CITY COUNCIL City Hall, Council Chambers 401 S. Johnstone Avenue Bartlesville, Oklahoma 74003 Monday, January 6 2014 7 p.m. Mayor Tom Gorman (918) 338-4282 AGENDA 1. Call to order the business meeting of the Bartlesville City Council by Mayor Gorman. 2. Roll Call and Establishment of a Quorum. 3. Citizens to be heard. 4. The Invocation will be provided by Chaplain Steven Griffith, Cornerstone Hospice. 5. City Council Announcements and Proclamations. Acknowledge Sanitation Department Employees James Norman and David Smith for going above and beyond to assist an injured citizen. 6. Authorities, Boards, Commissions and Committee Openings One opening on the Bartlesville Library Trust Authority One opening on the Hazard Mitigation Planning Committee-Ward 3 One opening on the Park Board One opening on the Street and Traffic Committee 7. Consent Docket a. Approval of Minutes i. Special Meeting Minutes of December 16, 2013 b. Approval of Agreement i. Between the City of Bartlesville and OKES Energy to provide natural gas for the Operations Center, 500 N. Sunset Boulevard. 8. Discuss and take possible action on a labor agreement between the City of Bartlesville and the Local 200, International Association of Fire Fighters. Presented by Jerry Maddux, City Attorney. 9. Public Hearing and action on Case No. PC-13-22-RZ/PUD an application from Scott Clark for approval of a rezoning from C-2 (Neighborhood Shopping District) to C-3 (Major Shopping District) and supplemental designation Planned Unit Development on property located at 2245 SE Washington Blvd., legally described as Lot 16, Block 4, Limestone Heights, Bartlesville, Washington County, Oklahoma. Presented by Natasha Riley, Assistant City Planner. 10. New Business. 11. City Manager and Staff Reports. 12. City Council Comments and Inquiries. 13. Adjournment.

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Page 1: AGENDA - Bartlesville, Oklahoma · a. Approval of Minutes i. The Regular Meeting Minutes of December 2, 2013. b. Approval of Resolution i. Amending the budget of the City of Bartlesville,

REGULAR MEETING OF THE

BARTLESVILLE CITY COUNCIL City Hall, Council Chambers

401 S. Johnstone Avenue Bartlesville, Oklahoma 74003

Monday, January 6 2014 7 p.m.

Mayor Tom Gorman

(918) 338-4282

AGENDA

1. Call to order the business meeting of the Bartlesville City Council by Mayor Gorman.

2. Roll Call and Establishment of a Quorum.

3. Citizens to be heard.

4. The Invocation will be provided by Chaplain Steven Griffith, Cornerstone Hospice.

5. City Council Announcements and Proclamations. • Acknowledge Sanitation Department Employees James Norman and David Smith for going above and

beyond to assist an injured citizen.

6. Authorities, Boards, Commissions and Committee Openings • One opening on the Bartlesville Library Trust Authority • One opening on the Hazard Mitigation Planning Committee-Ward 3 • One opening on the Park Board • One opening on the Street and Traffic Committee

7. Consent Docket

a. Approval of Minutes i. Special Meeting Minutes of December 16, 2013

b. Approval of Agreement

i. Between the City of Bartlesville and OKES Energy to provide natural gas for the Operations Center, 500 N. Sunset Boulevard.

8. Discuss and take possible action on a labor agreement between the City of Bartlesville and the Local 200, International Association of Fire Fighters. Presented by Jerry Maddux, City Attorney.

9. Public Hearing and action on Case No. PC-13-22-RZ/PUD an application from Scott Clark for approval of a rezoning from C-2 (Neighborhood Shopping District) to C-3 (Major Shopping District) and supplemental designation Planned Unit Development on property located at 2245 SE Washington Blvd., legally described as Lot 16, Block 4, Limestone Heights, Bartlesville, Washington County, Oklahoma. Presented by Natasha Riley, Assistant City Planner.

10. New Business.

11. City Manager and Staff Reports.

12. City Council Comments and Inquiries.

13. Adjournment.

Page 2: AGENDA - Bartlesville, Oklahoma · a. Approval of Minutes i. The Regular Meeting Minutes of December 2, 2013. b. Approval of Resolution i. Amending the budget of the City of Bartlesville,

The Agenda was received and filed in the Office of the City Clerk and posted in prominent public view at City Hall at 5 p.m. on Thursday, January 2, 2014.

/s/ Elaine Banes

Michael Bailey, City Clerk by Elaine Banes, Deputy City Clerk Administrative Director/CFO

All discussion items are subject to possible action by the City Council. Agenda items requiring a public hearing as required by law will be so noted. The City Council may at their discretion change the order of the business agenda items. City of Bartlesville encourages participation from all its citizens. If participation at any public meeting is not possible due to a disability, notification to the City Clerk at least one working day prior to the scheduled meeting is encouraged to make the necessary accommodations. The City may waive this rule if signing is not the necessary accommodation.

Page 3: AGENDA - Bartlesville, Oklahoma · a. Approval of Minutes i. The Regular Meeting Minutes of December 2, 2013. b. Approval of Resolution i. Amending the budget of the City of Bartlesville,

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BARTLESVILLE CITY COUNCIL SPECIAL MEETING MINUTES Monday, December 16, 2013

City Hall, Council Chambers

401 S. Johnstone Avenue Bartlesville, Oklahoma 74003

(Notice of this meeting was posted on Thursday, December 12, 2013 at 5:00 p.m.)

______________________________________________________________________________________________

City Council Members Present: Mayor Tom Gorman, Vice Mayor Lockin, Mike McGrew, Dale Copeland and Eddie Mason

City Staff Present: Ed Gordon, City Manager, Jerry Maddux, City Attorney, Mike Bailey,

Administrative Director/CFO; Natasha Riley, Assistant City Planner; Micah Siemers, Engineering Services Supervisor; and Elaine Banes, Executive Assistant.

1. The Bartlesville City Council meeting was called to order at 7:17 p.m. (immediately following the

Bartlesville Education Authority Meeting) by Mayor Gorman. 2. Roll Call and establishment of a quorum. Roll call was conducted and a quorum was established. 3. Citizens to be heard. There were no citizens to be heard. 4. City Council Announcements and/or Proclamations There were no announcements or proclamations. 5. Authorities, Boards, Commissions and Committee Openings.

• One opening on the Bartlesville Library Trust Authority • One opening on the Hazard Mitigation Planning Committee-Ward 3 • One opening on the Park Board • One opening on the Street and Traffic Committee

The Mayor announced these openings and encouraged citizens to obtain an application from the City’s website or from the City Manager’s office.

6. Consent Docket

a. Approval of Minutes

i. The Regular Meeting Minutes of December 2, 2013. b. Approval of Resolution

i. Amending the budget of the City of Bartlesville, Oklahoma for Fiscal Year 2013-2014, appropriating FAA Grant funds for the reconstruction of airport taxiway.

c. Approval of Contract i. Between the City of Bartlesville and the Board of County Commissioners of Washington

County to implement the operation of the Enhanced 911 Emergency System. d. Approval of Financials i. Interim Financials for four months ended October 31, 2013.

Page 4: AGENDA - Bartlesville, Oklahoma · a. Approval of Minutes i. The Regular Meeting Minutes of December 2, 2013. b. Approval of Resolution i. Amending the budget of the City of Bartlesville,

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Mr. Lockin asked that item 6c. be removed for discussion. Mr. McGrew moved to approve the remainder of the consent docket, seconded by Vice Mayor Lockin. Voting Aye: Mr. McGrew, Vice Mayor Lockin, Mr. Copeland, Mayor Gorman Voting Nay: None Abstaining: Mr. Mason Motion: Passed Vice Mayor Lockin asked that Mr. Gordon to further expand on Item 6.c. Mr. Gordon reported that

Washington County and the City have collaborated and coordinated services such as the dispatch center located in the Washington County Detention Center and the Enhanced 911 Emergency System. The addition to the proposed agreement allows increased efficiencies in that the Board of the County Commissioners of Washington County has agreed to keep the Master Street Address Guide (MSAG) up-to-date and to maintain it, instead of it being maintained by two entities. This process will maintained by Mitch Antle, Washington County E911 Director.

Vice Mayor Lockin moved to approve the Contract as presented seconded by Mr. McGrew. Voting Aye: Mr. Mason, Mr. Copeland, Mr. McGrew, Vice Mayor Lockin, Mayor Gorman Voting Nay: None Motion: Passed ADDENDUM TO THE AGENDA 1. Consider and take action with respect to the approval of a development Agreement by and

between Independent School District No. 30 of Washington County, State of Oklahoma, and the Bartlesville Education Authority, with approval and concurrence of the City of Bartlesville, City Council. Presented by Preston Birk, Executive Director of Financial Services, Bartlesville Public Schools.

Mr. Birk reported that the City Council is requested to ratify the action of the Bartlesville Education Authority.

Mr. McGrew moved to approve the Contract as presented seconded by Mr. Copeland. Voting Aye: Mr. Mason, Mr. Copeland, Mr. McGrew, Vice Mayor Lockin, Mayor Gorman Voting Nay: None Motion: Passed

7. Public hearing and action on Case No. PC-13-19-RZ/PUD/SDP an application from Brent Taylor, on

behalf of Taylor Kimrey, LLC, for approval of a Rezoning from C-5/PUD (Commercial) to RM-1.5/PUD (Multifamily Residential) and a Supplemental Designation Planned Unit Development and Site Development Plan for development of condominiums, to be known as Gramercy 2nd Addition, on property located west of U.S. Highway 75, between Nowata Road and Price Road, legally described as a replat of Lot 4, Fairfield Addition, Bartlesville, Washington County, Oklahoma. Presented by Natasha Riley, Assistant City Planner.

Ms. Riley reported that the applicant, Brent Taylor, requests approval of a rezoning of approximately 4.62

acres from C-5/PUD to RM-1.5/PUD on property located south of Stonewall Drive and the applicant’s existing condominium development known as Gramercy Lots and west of Nova Road. The applicant proposes to develop the site as a multi-family residential condominium complex. She reviewed the plans for the development; building setbacks; parking and access; utilities and infrastructure; and that the public meeting was held where no concerns were expressed. The MAPC held a public hearing to consider the request at its meeting on November 19, 2013, recommending approval with the following condition: All construction will meet the minimum standards set forth by the Zoning, Building and Fire Codes.

A brief discussion was held regarding Nova Street, and the rental and sale properties in the development.

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The Mayor opened the public hearing at 7:32 p.m. There being no one appear to speak the public hearing was closed at 7:32 p.m.

Mr. McGrew moved to adopt the Ordinance as presented seconded by Mr. Copeland. Voting Aye: Vice Mayor Lockin, Mr. Mason, Mr. Copeland, Mr. McGrew, Mayor Gorman Voting Nay: None Motion: Passed 8. Discuss and take action to support the Bartlesville Chamber of Commerce 2014 Legislative

Agenda. Presented by Julie Daniels, Chairman of the Public Policy Committee. Ms. Daniels began by thanking the City for their active membership in the Chamber and coming forward

tonight to show support of the Bartlesville Chamber of Commerce 2014 Legislative Agenda. She reviewed the Legislative Agenda pointing out those most pertinent to municipalities. The document has been approved by the Chamber Board of Directors and has been hand-delivered to State officials. She concluded that Sherry Wilt (who was also in attendance) uses this document when dealing with the State Chamber and other entities.

A brief discussion covered collection of online sales tax, use tax, and the topic of funding options for cities

other than sales tax. Mayor Gorman stated his appreciation of the Bartlesville Chamber of Commerce for all of their hard work

and commitment to the community. Mr. McGrew moved to support the 2014 Legislative Agenda as presented, seconded by Vice Mayor

Lockin. Voting Aye: Mr. Mason, Mr. Copeland, Mr. McGrew, Vice Mayor Lockin, Mayor Gorman Voting Nay: None Motion: Passed 9. Discuss and take action on Change Order #1 for the Silver Lake Road and Frank Phillips

Boulevard Improvements Project. Presented by Micah Siemers, Engineering Services Supervisory.

Mr. Siemers provided an in-depth report covering the reason for the Change Order and how it addresses

alterations in construction methods due to weather conditions and poor quality of material in the borrow pit relative to high quality material located on site outside of the floodplain. The plans called for all fill material in the floodplain coming from the borrow pit, however the material in the pit was not suitable for roadway base under the west weather conditions present trough the first half of the project. High quality shale material was located at the north end of the project, but outside the floodplain and was used as roadway base instead of the wet, expansive borrow pit material. Like quantity of material must be hauled out of the floodplain relative to what is hauled into the floodplain to meet FEMA requirements. Mr. Siemers continued reporting that the total Change Order request is $81,017.32, but noted that part of original plan, since it was known it was not the best material; there was a pay item of $110,400 worth of lime stabilization of a sub-grade. Since only 15 to 20% of that will be needed due to the use of the shale grade, we should see a savings of $90,000 in that payout, therefore there should be a net gain at the end of the change order although it will not be reflected until later.

A brief discussion covered that the parking lot will be asphalt; completion of the project will be in late

March to early April; and that signalization at Frank Phillips and Silver Lake Road will be completed in spring as well.

Mr. McGrew moved to approve Change Order #1 in the amount of $81,017.32 added to the contract price

as presented, seconded by Mr. Mason. Voting Aye: Mr. Copeland, Mr. McGrew, Vice Mayor Lockin, Mr. Mason, Mayor Gorman Voting Nay: None Motion: Passed

Page 6: AGENDA - Bartlesville, Oklahoma · a. Approval of Minutes i. The Regular Meeting Minutes of December 2, 2013. b. Approval of Resolution i. Amending the budget of the City of Bartlesville,

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10. Discuss and take possible action to approve a resolution supporting Oklahoma House Bill 1875,

correcting an imbalance of retention fees charged by the State for services. Presented by Ed Gordon, City Manager.

Mr. Gordon provided background reporting that in March 2010, the Oklahoma Municipal League Board of

Directors decided to form a committee to explore the relationship between the Oklahoma Tax Commission and municipalities. A liaison board was formed of city finance directors and city managers. Since 2010, municipalities have renegotiated their contracts with the OTC and continue to negotiate the amount of retention fees and justification for them. An audit committee was formed and it was discovered that municipalities had been overpaying the OTC by 50%-$8 to $10 million a year-in retention fees. Tony Mastin, Director of the Oklahoma Tax Commission issued a letter recently stating that each municipality will receive a one-time credit against the fees retained in FY14 and will be applied to the fees to be collected in November of 2013. The amount provided is $12,889. Mr. Gordon continued stating that Clark Jolley, Senator from Edmond and Representative McCall of Atoka brought forth HB 1875 which passed without change in the House, but once it entered into the Senate, they began to disassemble it. In order to keep it from being destroyed, it was pulled and not acted upon. If passed, HB 1875 would reduce fees to ½ of 1%. The bill will be brought forward again by Rep. McCall and Sen. Jolley in the January session. The Oklahoma Municipal League has been working with the Governor and her staff to ensure the bill is kept clean without alteration.

Mr. McGrew moved to approve the resolution showing Bartlesville’s support of the passage of HB 1875

as presented, seconded by Vice Mayor Lockin. Mayor Gorman commented that basically municipalities have been subsidizing the operations of the

Oklahoma Tax Commission. Mr. Copeland stated his appreciation to staff and all involved. Mr. Gordon added that Tony Mastin, Director of OTC, has been good to work with and the relationship between the OTC and municipalities have improved.

Voting Aye: Mr. McGrew, Vice Mayor Lockin, Mr. Mason, Mr. Copeland, Mayor Gorman Voting Nay: None Motion: Passed 11. Discuss and take possible action on a labor agreement between the City of Bartlesville and the

Local 200, International Association of Fire Fighters. Presented by Jerry Maddux, City Attorney. Mayor Gorman pulled the item from the agenda due to the fact that the original was not signed by the

Local 200 President by the time of the meeting. It is believed there are no issues with the Agreement. 12. City Manager and Staff Reports. Mr. Gordon introduced Police Reserve Captain Jerry Kelly to present the results of the Shop With A Cop

event held the previous Saturday. Captain Kelly reported that approximately 30 children participated in a reception at the Hilton Garden Inn; were then transported via police cars to K-Mart where each child was given an amount to buy gifts with for their family and themselves. Approximately $1,500 was raised by donations and fundraisers for the program. Mr. Gordon stated his appreciation for the police reserves and their commitment to serve our community, adding they donated 4500 hours last year.

Mr. Gordon stated that trash pickup Christmas and New Year’s weeks will be the regular pickup days and

hours. He added that City Hall and the Library will be closed Dec. 24, 25 and Jan 1. Municipal Court will not be held Dec. 24, Dec. 26 or Jan. 31.

At Mr. Gordon’s request, Micah Siemers provided an update of the Bison Road project and the Silver

Lake Road Extension project. Mr. Gordon then wished everyone a Merry Christmas and Happy New Year. 13. City Council Comments and Inquiries. Mr. McGrew wished everyone a Merry Christmas and Happy New Year.

Page 7: AGENDA - Bartlesville, Oklahoma · a. Approval of Minutes i. The Regular Meeting Minutes of December 2, 2013. b. Approval of Resolution i. Amending the budget of the City of Bartlesville,

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14. Adjournment. There being no further business to conduct, Mayor Gorman adjourned the meeting at 8:15 p.m. Mayor Tom Gorman Michael Bailey, Administrative Director/CFO

Page 8: AGENDA - Bartlesville, Oklahoma · a. Approval of Minutes i. The Regular Meeting Minutes of December 2, 2013. b. Approval of Resolution i. Amending the budget of the City of Bartlesville,

ACCOUNTING AND FINANCE

December 19, 2013

MEMORANDUM

TO: Ed Gordon City Manager FROM: Mike Bailey

Administrative Director/CFO SUBJECT: Consideration of and action on an agreement for purchase of natural gas from OKES

energy. GENERAL INFORMATION In October 2013, the City Council entered into an agreement with OKES to provide natural gas for City Hall and the Water Plant. Since that time, City Staff has worked with OKES to identify any other accounts that might qualify for wholesale natural gas service. The City now has one other location at the Operation Center that will qualify. The City will have to pay a one-time $1,896 set up fee to ONG to activate the account, but the City should still save over $1,000 in the first year and nearly $3,000/yr going forward. Please schedule this item for consideration as part of the consent agenda for the January 6, 2014 meeting. Feel free to contact me with any questions. COUNCIL ACTION REQUESTED Approve the attached agency letter authorizing the City to purchase natural gas through OKES for the identified account at 500 N Sunset Blvd.

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January 6, 2014 PC-13-22-RZ/PUD

STAFF REPORT TO: Ed Gordon, City Manager FROM: Natasha Riley, Assistant City Planner DATE: January 2, 2014 SUBJECT: CASE NO. PC-13-22-RZ/PUD: A public hearing to consider and take action on an

application from Scott Clark, for approval of a rezoning from C-2 (Neighborhood Shopping District) to C-3 (Major Shopping District) and supplemental designation Planned Unit Development on property located at 2245 SE Washington Blvd., legally described as lot 16, Block 4, Limestone Heights, Bartlesville, Washington County, Oklahoma.

GENERAL INFORMATION: Applicant: Scott Clark Requested Action: Rezoning from C-2 to C-3/PUD Location: 2245 Southeast Washington Blvd. (Exhibits A) Current Zoning: C-2, Neighborhood Shopping (Exhibit A) Area of Tract: 140’ x 81’, approximately 11,340 square feet Present Land Use: Small Commercial Center Proposed Land Use: Specialty Shoe Sales Adjacent Zoning North: C-3/PUD (Major Commercial) – Optometrist and Land Use: South: C-5 (General Commercial) – Nail Salon and Jewelry Store

West: RS-10 (Single Family Residential) – single family residence East: C-5 (General Commercial) – Youth and Family Services

SUPPLEMENTAL INFORMATION: The applicant requests approval of a rezoning and supplemental designation Planned Unit Development to permit the operation of a specialty shoe store on the site. The applicant does not propose any new construction or additional parking. Additional information concerning the proposed development of the site is provided in Exhibit B. The site was rezoned to C-2, Neighborhood Commercial and a site development plan was approved in 1976 (Exhibit C). The applicant, Scott Clark, wishes to open a shoe store in one of the vacant storefronts within the previously approved shopping center. Mr. Clark plans to lease the unit pending city approval of the proposed rezoning and PUD. Setbacks, Landscaping, Screening, & Sidewalks: This site abuts a residential zoning district on the west property line. The Zoning Regulations require a 40-foot building setback, 6 to 8-foot screening, and a 20’ foot landscaped

Community Development Department

Page 59: AGENDA - Bartlesville, Oklahoma · a. Approval of Minutes i. The Regular Meeting Minutes of December 2, 2013. b. Approval of Resolution i. Amending the budget of the City of Bartlesville,

January 6, 2014 PC-13-22-RZ/PUD

buffer with trees where the C-3 Zoning District abuts a residential district. The site abuts Washington Blvd, an arterial road, to the East and Harvey Road, a non-arterial road, to the South. The Zoning Regulations require a 50-foot building setback, 5’ sidewalk, and street trees when a development abuts an arterial road and a 25’ setback, 4’ sidewalk, and street trees when a development abuts a non-arterial road. The following table summarizes the requirements for the C-2 and C-3 zoning districts in relation to the existing site layout; text shown in red represents a departure from zoning regulation requirements: Exterior Setback Interior Setback Floor

Area Ratio

Landscaping & screening

Arterial Street

Non Arterial Street

Residential District

Nonresidential District

Washington Harvey

C-2 50’ 25’ 20’ 0’ 0.25 5’ Landscaped Strip, 5 Trees, & 5’ sidewalk

5’ landscaped strip, 2 trees, & 4’ sidewalk

C-3 50’ 25’ 40’ 0’ 0.25 Same as above Same as above

Existing Site

32.5’ 30’ 8’ 10’ 0.33 None provided None provided

The existing building and site layout was approved by the MAPC in 1976 (Exhibit C). Because the site does not meet the current zoning requirements for setbacks and residential protection standards, it is considered a legal nonconforming use. Approving the rezoning request would permit a variance of 32-feet from the required 40-foot building setback on the west, where the site abuts a single-family residential zoning district, permitting a 8-foot building setback. In this area, there is currently a 6 foot fence that will remain. This does not meet the residential protection standards which require a 20-foot landscaped buffer, a 6-foot fence, and 3 trees per hundred feet. Approval of this request will also permit a variance of 17.5-feet from the required 50-foot building setback, permitting a 32.5-foot setback on the East side. The existing site also lacks a 5 foot sidewalk on Washington Boulevard, a 4 foot sidewalk on Harvey Road, and Street trees. Off-Street Parking & Ingress/Egress: The existing building is approximately 3,700 square feet, which is currently occupied by a jewelry store, a dog groomer, a framing store, and a private office with one vacant unit. With the addition of a shoe store, the required off-street parking for this building will be a maximum of 14 parking spaces (assuming that all floor space within the building is open to the public). The property currently has 15 off-street parking spaces on the site. With more detailed building plans, the “public space” would be better identified, thereby likely reducing the number of required off-street parking spaces. The existing site has access to the property from Washington Boulevard and Harvey Road. No changes will be made to the access point. Public Participation: In accordance with the Zoning Regulations, property owners within 300 feet of the site were notified of this request, and a sign was posted on the site on November 27, 2013. Also in accordance with the regulations, the applicant held a citizen participation meeting on November 30, 2013 to present the proposed plan and answer neighbors’ questions. A summary of this meeting is provided in Exhibit D. At the time this staff report was written, no property owners or residents had contacted staff in regards to the application. STAFF COMMENTS AND MAPC RECOMMENDATION: The proposed property is located directly on Washington Blvd, which is primarily zoned for commercial uses. In 1976, this property was rezoned to C-2 (Neighborhood Commercial) with the support of the surrounding property owners. The proposed site was one of three lots identified specifically for commercial use in the Limestone Heights Subdivision Covenants. The site directly to the north was rezoned to C-3/PUD in July of this year to allow use for an optometrist office, owned by Dr. Emily Bussey.

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January 6, 2014 PC-13-22-RZ/PUD

It should be clear that the current building is a legal nonconforming use, as it does not meet the current minimum setbacks, residential protection standards, and streetscape requirements of the zoning regulations. The size and layout of the property prohibit it from coming into compliance with the current zoning regulations. However, there is adequate space to install a 5 foot sidewalk along Washington Boulevard. Installing the sidewalk would connect the two new sidewalks to the north and south of this property. Rezoning the property from C-2 to C-3 will increase the nonconforming, residential protection aspects of this property. As such, the residential protection standards required by the Zoning Regulations should be carefully considered in concert with input from neighboring property owners; particularly the property owner immediately west of the site. Staff has received a letter from Ronald Campbell, the property owner of 3712 Harvey, stating that he waves the requirements of the residential protection standards of the zoning regulations (Exhibit E). The MAPC held a public hearing to consider this request for Rezoning and approval of a Planned Unit Development at its regular meeting on Tuesday, December 17 2013. After receipt of public input and further deliberation, the MAPC voted 7 – 0, to recommend approval of the request to the City Council with the following conditions:

1. Land uses permitted for this site shall be specifically limited to the following: a. Professional Offices b. Pet Store c. Orthopedic or Medical Appliance Store d. Optician e. Picture Framing f. Shoe Repair Shop g. Seamstress or tailor h. Bookstore i. Camera or Photographic Supply Store j. Jewelry Store k. Shoe Store l. Stationery Store m. Electronic Sales, Service, Repair, Rental

2. Future expansion of the building shall not be permitted. CITY COUNCIL ACTION REQUESTED: A second and final public hearing to consider this request for Rezoning and approval of a Planned Unit Development has been scheduled before the City Council on Monday, January 6, 2014. The City Council is requested to hold this public hearing and take final action on the request. Attached for Council consideration is an ordinance which, if adopted, would approve the request as recommended by the MAPC and Staff.

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January 6, 2014 PC-13-22-RZ/PUD

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EXHIBIT B
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EXHIBIT C
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EXHIBIT D
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EXHIBIT E
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ORDINANCE NO. AN ORDINANCE AMENDING THE LAND USE AND ZONING MAP OF THE BARTLESVILLE METROPOLITAN AREA, AND AMENDING THE ZONING MAP ON FILE IN THE OFFICE OF THE CITY CLERK OF THE CITY OF BARTLESVILLE BY CHANGING THE BOUNDARY OF THE USE DISTRICT SO THAT CERTAIN AREAS HEREIN DESCRIBED AND LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF BARTLESVILLE, OKLAHOMA SHALL BE CHANGED FROM C-2 TO C-3/PUD AND ACKNOWLEDGING THE APPROVAL OF A SUPPLEMENTAL DESIGNATION PLANNED UNIT DEVELOPMENT (CASE NO. PC-13-22-RZ/PUD/SDP).

WHEREAS, petitions were heretofore filed with the Metropolitan Area Planning Commission of

the City of Bartlesville requesting that the real estate hereinafter described, located in the City of Bartlesville, be rezoned from C-2 to C-3/PUD and materials were submitted relative to a certain Supplemental Designation Planned Unit Development relative to all of the real property hereinafter described; and

WHEREAS, the Metropolitan Area Planning Commission considered said request at a public hearing on December 17, 2013, and following public input and discussion, submitted its report to the City Council with a recommendation for approval of C-3/PUD zoning and supplemental designation planned unit development; and

WHEREAS, after receipt of said report, the City Council thereafter gave due public notice of

hearing to be held relative to said proposed changes, which notice stated the nature and purpose of said proposed changes, gave the time and place of said hearing and stated where copies of the proposed changes were available for inspection prior to the time of said hearing; and

WHEREAS, on January 6, 2014 said hearing was duly held by the City Council; and

WHEREAS, on January 6, 2014 said City Council approved said rezoning and supplemental designation planned unit development.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BARTLESVILLE, OKLAHOMA:

Section 1. That the land use and zoning map of the Bartlesville Metropolitan Area approved by the City Council on December 19, 1966, on file in the office of the City Clerk of the City of Bartlesville, Oklahoma, be and the same is hereby amended by re-establishing the boundary of the use districts so that the following described real estate located in the County of Washington, Oklahoma be rezoned from C-2 to C-3/PUD:

The East 75 feet of Lot Sixteen (16) in Block Four (4) of Limestone Heights Subdivision.

Section 2. That the PUD Outline Development Plan pertaining to Case No. PC-13-22-RZ/PUD/SDP relative to all of the real property heretofore described is hereby approved with the following conditions:

1. Land uses permitted for this site shall be specifically limited to the following: a. Professional Offices b. Pet Store c. Orthopedic or Medical Appliance Store

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d. Optician e. Picture Framing f. Shoe Repair Shop g. Seamstress or tailor h. Bookstore i. Camera or Photographic Supply Store j. Jewelry Store k. Shoe Store l. Stationery Store m. Electronic Sales, Service, Repair, Rental

2. A five-foot (5’) sidewalk must be added adjacent to Washington Boulevard. 3. Future expansion of the building shall not be permitted.

Section 3. That the materials submitted in connection with the case are hereby approved and

adopted and are incorporated herein by reference. PASSED by the City Council and APPROVED by the Mayor of the City of Bartlesville,

Oklahoma this 6 day of January, 2014.

Tom Gorman, Mayor

ATTEST: __________________________ Mike Bailey, City Clerk