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HomeMy WebLinkAbout1999.07.27_Board of Adjustment Minutes1W € mmumliFIN M'I Tuesday, July 27, 1999 Owasso Community Center, 301 South Cedar MEMBERS PRESENT MEMBERS ABSENT STAFT PRESENT Ken Foster Dewey Brown Theron Warlick Vicki Tapp Marsha Hensley Joe Ramey Susan Kimball The _(meeting agenda was posted in the Owasso City Hall, 207 S. C.ed.ar on July 15, 1999 at 1:00 Pm. 1 CAL 1., TO ORDER - Joe Rgrney called the meeting to order at 7:05.1-IM and declared a quorum present. I ROLL CAII, 3. Consider Approval of the Minutes of June 22, 1999 Regular Meeting, Susan Kimball moved to approve the minutes of June 22, 1999. Vicki Tapp seconded. AYE: Ramey, Foster, Tapp, _I -mball NAY; None The motion carried 4 -0 BOARD OF ADJUSTMEN P BLIC HEARING 4a O OA -99 1.4 — A request from Brenda Lawrence, agent for the applicant, for a Special Exception of the Owasso Zoning Code, Chapter 6, Section 610, `Principal Uses Permitted in Commercial Districts' to allow for the development of multi - family dwellings in a CS (Shopping Center) District. The subject property is described as a subject property in the Northwest Quarter (NW/4) of the Northwest Quarter (NW/4) of the Northeast quarter (NE /4) of Section %, 'Township 21 North, Range 14 East, Tulsa County, Oklahoma, and is located on the south side of E 116 "' Street N, east of the Owasso Sports Park. This item was continued to this date at the June 7, 1999 Special Meeting of the Board of Adjustment. Mr. Joe Ramey, the Chairperson described the property. Mr. Bob Nichols, the attorney for the applicant was recognized and made a brief presentation. Mr. Nichols explained that when this property was annexed it was allowed to retain the CS zoning although Multi - Family is allowable in a CS District by Special Exception. The Owasso Comprehensive Plan was also discussed regarding the density in the area being consistent with surrounding developments. The North Owasso Sewer Interceptor will need to be complete prior to the issuance of any building permit. The Mousing Authority is not involved in this project and there will be a special City Council meeting on Tuesday, August 10, 1999 to vote on the Tax Credit Program. Mr. Nichols displayed pictures of other Redwood Development projects recognizing the full brick buildings. The overall layout of this project was displayed for the audience and Members to review and he reminded the Members that this will go before Planning Commission and Technical Advisory Committee for the platting process. R! T� 1 lF i W i 7� 1 1�� i 8� I Tf i 3 V] July 27, 1999 Page 2 of 7 At this time Mr. Rick White, the attorney that is representing the German Conner residents, was introduced. He stated that he would like to ask a member of the staff some questions pertaining to the staff recommendations. Mr. White verified that the subject property was zoned CS (Shopping Center) district and that this property was annexed in the spring of 1999. lie also requested verification of the flood zoning, Mr. Warlick explained, that it was in the flood zone C. He also requested clarification of the 1985 comprehensive plan. Mr. Warlick explained that the plan calls for residential on this properly, although, the property was allowed to retain the CS zoning at time of arnnexation. Also discussed was the possibility of a Phase 11 at a later date. Mr. Warlick assured Mr. White that staff recommends only 64 units. Traffic in the area was discussed briefly and Mr. Karl Fritschen, Owasso Comprehensive Planner, was introduced. Mr. Fritschen presented some statistical data regarding density comparisons and traffic studies in the area, Mr. White expressed concern that a multi- family project of this size would be a burden on traffic in the area on the weekends and at night, a commercial facility would. not. 'There were questions concerning the burden a multi family project vs. commercial would have on the school system. Mr. Warlick explained that the school board reviews each plat that comes before the planning department and there has been approximately 1800 single family units approved since 1992, 64 apartment units should not be a burden on the school system. Mr. White questioned ]°fir. Warlick on the affliction the Police and Fire Department would receive with addition apartments. Mr. Warlick stated that he had spoken with Chief .Alexander and Chief Alen, neither voiced undue concern. Chief Alexander stated that she does receive a generous amount of calls from apartment residents but she feels the reason for that is the density that is involved. Chief Alen stated that apartments do receive a higher priority because they arc attached units, but has no objections to this request. The North Owasso Sewer Interceptor was also discussed briefly. Mr. White stated that this Special Exception request is opposed by a number of Owasso residents and asked the opposed to please stand. He explained that his clients urge the Board Members to deny the Special Exception request and to require any construction on this property be commercial as zoned. Mr. White also stated that he does not belief the issues such as schools and sewers have been resolved. Mr. Ron Cates, the attorney for the City of Owasso, reassured the Members that he has meet with the officials of DEQ and a permit will not be issued for the apartments until the North Owasso Interceptor project is complete. This sewer issue has been addressed and we are under construction and on target with this sewer project. Mr. Ramey asked fir. Nichols if he had any additional comments that he would life to express. Mr. Nichols spoke of the reduction of density this request would create. Theron Warlick presented a brief summary. He stated that the proposed land use is compatible with the area and is relatively small for such a large tract of land. He also reminded the Board Members that the Owasso Public Schools was contacted regarding approval of 1,864 single family lots since 1992 and the City has never received objections. He explained once again that the Fire and Police Department had no unnecessary concerns regarding the proposed land Lrsc. BOARD OF ADJUSTMENT Judy 22, 1999 Page 3 of Staff recomiTicnds approval of the Special Exception with the following conditions: 1. 'That a minimum six foot screening fence be erected on the property boundaries (east, west, and south sides of the development) that abut existing residential and to create a pedestrian access into the Sportspark on the west, 1 ] andscaping be installed according to submitted site plans, 1 That no occupancy of any buildings shall be permitted prior to completion and final inspection of all buildings in the development. Offices/club areas are excepted from this condition. 4, The proposed development to consist of 64 -units only. Mr. Ramey asked if there were anymore questions and if not he would entertain a motion. Vicki Tapp moved to approve the special exception subject to the above staff recommendations, lbs. 'Tapp also suggested that the adjacent landowners be consulted during the building process. Mr. Cates explained that this project would go before the Manning Commission for platting process and site plan process. Mr. Cates had concerns with placing suggestion for a consulting; committee. Susan Kimball seconded the motion, Approximately 150 surrounding property owners were present to voice their concerns regarding this application. The Chair offered the opportunity for anybody to voice opinions. The following list was compiled from the comments made by: John Wintle - 10911 E 117 St No - Not enough firefighters or fire equipment to do the job for the 30,000 people in Owasso. In 1996 the Owasso fire Department was told that they need a ladder truck and they still do not have one. Also a 5" hose is needed to accommodate a large structure such as this. We do not want to put our firefighters or our neighbors in danger. The City of Owasso needs an adequate EMS system. Since 1936 there is one less Owasso firefighter per shift. Owasso has one dispatcher, there is a need for two dispatchers. The Police Department is also under staffed. Please postpone this request until we can advance the fire department and handle the rapid growth of Owasso. Eric Chetah w 11606 % 109 E Ave --- He spoke of the schools being full and the apartments creating a large burden on the school system. Sue Bergwall - 11716 % 97 E Ave r She has spoken with Mr. Dale Johnson, Owasso School Superintendent, he told her that he is against the apartments and she could quote him. She also stated that Mr. Johnson said he would fight this request at the City Council level if the Board of Adjustment approves. Richard Ding - 111 lg E 117 St No o Ater Elementary School supports the Country Estates children and there are no expansions planned for Ator. Mark Mitchell n 10601 E 116 PI No m He will be moving into Country Estates in a couple of weeks. These citizens have spent thousands of dollars on their homes and have a large investment in the community. The security risks on apartments go through the roof, up 120% according to Tulsa Police Department. These kinds of apartments will be an BOARD OF ADJUSTMENT July 27, 1999 Page 4 of increased burden on the Owasso _police Department. These apartments will rUn people off. Janet Hackworth - 11120 E 117 St No — Mate Representative Phil Ostrander and Senator Grover Campbell opposes the spacial exception request. John Groth .. 801 North Dogwood . The reason why the Sportsparlc, was developed al. that location. was because of the population was sparse. The Board represents these citizens and the citizens have told you they don't want the aparIrmnts. Tease vote no. David `dines - 710 North Atlanta - We do need to loop at the best interest of Owasso. There are plats being approved by Owasso planning Commission every month without concerns or comments from Owasso citizens. 1 am in favor of the proposed. apartments. Jerry .lost - 9209 E 116 St No - He sold a house because he had heard apartments were planned close by, lie bought in Owasso and now Owasso has a request for the same type of apartments that he was trying to grove away froze. He is very concerned with this request. There would have been a lot more opposing citizens present but they could riot inake the meeting because of work and other engagements. Robert Stephenson - 11018 E 118 Ct No -There are apartments on 86 "' and bingo that are not finished, that means more people, more children attending schools. Mike Doyle — 11608 N 110 B Ave — There are some evenings that J don't have water pressure. 'there are children being bused to schools that are not in the area because of they are overcrowded. We have researched every avenue and there are problems. Joe Ramey stated that he appreciates all the comments made and asked if there were any questions from the Board Members. The vote on the motion was as follows: AYE: Ramey, poster, Tapp, Kimball NAY: Done The motion was approved 4 -0. Theron presented the item. The applicant is requesting a Special Exception to allow the BOARD OF ADJUSTMENT July 27, 1999 Page 5 of 7 operation of a child daycare facility with no more than throe children on the property. Theron explained the provisions for home occupations from the Owasso Zoning Code. Tho applicant was present to answer any questions or concerns. Legal advertisement was published and letters were mailed to surrounding property owners within 300' of the request, No calls were received regarding this request. Staff recommends approval of the request sit j ect to the following condition; The applicant shall contact the Community Development Department for a Certificate of Occupancy prior to commenoernent of operation. Ken Foster moved to approve the Special Exception subject to the above staff recommendation, Susan Kimball seconded the motion, AYE: Ramey, Foster, Tapp, Kimball NAY: None The motion was approved 4 -0. 6. MOA...99-21 — A request from Mark Oliva, owner, for a Special Exception of the Owasso Zoning Code — Chapter 4, Section 420.2 "Accessory Use Conditions in Residential Districts" to allow for a carport on property currently zoned RS -3 (Residential Single-Farnily High- -Density) zoning district. he property is described as Lot 10, Block 2, Copper Meadows Addition. The subject site is located at 13164 E, M "' Street No, Owasso, Oklahoma. Theron presented the item and described the location of the property. The applicant is requesting a Special Exception in order to allow for the construction of a carport. The addition is located on the north side and is located in the side yard and does not encroach into any side or front yards. Legal advertisement was published and letters were mailed to surrounding property owners within 300' of the request, No calls have been received. There was a brief discussion regarding the covenants of Copper Meadows. Ken foster moved to approve the Special Exception, Joe Ramey seconded the motion. AYE: Ramey, Foster, Tapp, Kimball NAY: None The motion was approved 4 -0. 7. O OA ®99 -22 — A request from Larry D. Foreman for a variance of the Owasso Zoning Code, Chapter 4, Residential District Provisions — to allow an encroachment of 22 inches into the required front yard on property currently zoned RS-2 (Residential Single- Family Medium Density) Zoning District. The property is described as Lot 38, Bloch 3, Barrington Point 11 Addition and is located at 7903 N 125t" E Circle, Owasso, Oklahoma. BOARD OF ADJUSTMENT July 27, 1999 Page 6 of 7 Theron ` ancck presented the item. The property is an unde veloped residential Iot located within a cul - -de -.sac. ` 'lic lot is unusually shallow therefore in order to build a house that is consistent with neighboring horrics, a variance reducing the rear yard to 20 feet is needed. The builder and applicant was present to answer any questions or concerns the Members might have. legal advertisement was published and letters mailed to surrounding property owners. The block captain of the neighborhood association reviewed. the application and did not express any opposition. Vicki Tapp moved to approve the variance request. Joe Ramey seconded the motion. AYE: Ramey, Foster, `t'app, Kimball NAY: Done The motion was approved. 4-0. OBOA 99- 9 -- A request from Diana Dean, applicant, for a Special Exception of the Owasso :honing Code ..... Chapter 10, ,Section 1002 _ -- Area Wide Special Exception uses ._. to allow for a popcorn stand in a shopping center on property currently zoned CS (Shopping Center) Zoning District. The property is described. as Lot 1, block 1, Clary Plaza Addition and is located on the north side of E 86 I Street N in the parking lot of Reasor's Grocery, 11815 E 86"' Street N, Owasso, Oklahoma. 'This item was tabled at the June 22, 1999. Theron Warlick presented the item. The proposed facility is mobile and will not remain on the site for more than one weekend at a time. Staff proposes the trailer to be located as not to block any driving aisles on the parking lot. legal advertisement was published and surrounding property owners have been contacted. No objections have been received regarding this request. This request was presented at the June 22, 1999 meeting but was table until this meeting because the applicant was not present. The applicant was not present at this meeting to answer questions regarding location of the facility. Staff recommends approval of the Special Exception request with the following conditions: 1. That the trailer be placed so that its operation does not obstruct driving aisles, 2. That signage be limited to that which is affixed to the structure itself, 3. That a trash receptacle during the hours of business operation, d. That the applicant obtain vendor license from the City Clerk's office, 5. That the facility be removed from the site at the close of the sales season. Vicki Tapp moved to deny the special exception. Susan Kimball seconded the motion for denial. AYE: Ramey, Foster, Tapp, Kimball NAY: None BOARD OF ADJUSTMENT July 27, 1999 Page 7 of 7 The motion was approved for denial 4-0, 90 ADJOUILNMENT --,Joe Ramey moved for adjourriment, seconded by Vick"rapp, AY]"': Rarney, Foster,Tapp, Kimball NAY one The motion carried 4-0 and the meeting was adjourned at 8:25 PM