HomeMy WebLinkAbout1999.06.07_Board of Adjustment MinutesThe vaecting agenda iii a, posted in the Owasso City Hall, 207 S, Cedar on Ju e �, 1999 all 91;00
N a
L 1':At L ,ro 0R1)_ ",R - :toe Rarney called the rriecting to order at 7 14 PM and declared a
quorarn present.
I ROLL CALL
I Consider approval of the Minutes of April 27,1999 Regul r eet;inga Vicki 'app to
approve the minutes of April 7, 1999, Ken Foster seconded,
1 YE. Rarney, Foster, `ra:pp
NAY: [done
The notion- carried 30
BOARD OFADJUSTMENTPUBLIC HEARING
4e O 99-13 _ A request from Theresa M. Kons, owner, for a special exception of the
Owasso Zoning Code - -- Chapter 4, Section 420.2 "Accessory Use Conditions in
Residential Districts99 to allow for a carport on property Currently zoned S -3 (Residential
Single - Family High Density) zoning district. The subject property is described as Lot 3,
Block 1, Raywood /addition and is located at 307 N Birch Street.
Theron suggested that if the applicant cannot obtain the above approvals, the plans need
to be revised to keep the proposed carport out of the existing 5° utility easement. Legal
advertisement was published and notices sent to surrounding property owners, One call
was received by Ms, Evelyn Church approving the special exception.
Vicki Tapp moved to approve the special exception request subject to the above staff
recommendations, Ken Foster seconded the motion,
BOARD OF ADJUSTMENT
June `i, :1999
Page 2 of 5
Alfa Ramey, Foster, 'f al p
NAY: florae
The motion was approved 3.0.
5 fOBO 99 1.4 recluest from Brenda Lawrence, e, age t for the applicant, for as special
exception of the Owasso Zoning Code, Chapter 6, Sectiorr 61.0, "Principal Uses
Permitted in Corrymercial Districts" to allow for the development of multi- f°aan.ily
dwellings in a C (Shopping Center) District, The subject property is described as
Northwest Quarter (NW /d -) of the Northwest Quarter (NW /4) of the Northeast quarter.
(N /4) of Section- `i, Township 21 North, Range 1.4 East, Tulsa County, Oklahoma and
is located on the south side of E 116In Street N, east of the Owasso ,SportsPark,
°1:'heron presented the item, He stated that the subject property is undeveloped and the
applicant proposes the construction of a 64-unit apartment complex, The property
consists of 1.0 acres nrid the location was described. 'rho property was annexed in 1A. arch
and was allowed to retain. the CS zoning designation, If this special exception is
approved it will go to the Plannin g Commission for platting; and site plan approval, l..,egal
advertisement was published and letters were mailed to surrounding property owners,
The appropriate uses in CS zoning was discussed, ''Theron explained that this cannot be
used as a low - income hoaxing, the I ernbers are solely here for reviewing the land use
only. He also stated any comments regarding low-income need to be disregarded, leis,
Brenda Lawrence, the agent for the applicant, was present to answer any questions, She
stated that Owasso needs to be a more balanced community. She also stated that there
would be a public meeting held on June 28, 1999 at 7:00 PM to address .issues concerning
this project. Lisa Lawrence introduced Mr. Rick Schroeder, the applicant and he made a
brief presentation,
There were approximately 130 surrounding property owners present to express their
concerns, The following are comments and concerns rude by citizens:
Karl Bartholomew -- 11622 No 103 E Ave — Concerns with overloading the streets,
causing traffic problems and overloading the utilities.
Bart Neighbors _- 10904 E 116 PI No - feels that the value of his home will decline,
Carol Aniol — 11614 N 109 PI No — The developments in Owasso are unbalanced, She
would like to see the community development more restaurants or maybe parrs,
Linda Classen — 11612 N 103 E Ave — Concerns regarding traffic and concerns with
apartment dwellers. She has children and does not want strange vehicles running up and
down her street, why not put it out near Hodson Elementary School or by Pine gook
Crossing subdivision,
BOARD OF ADJUSTMENT
June 7, 1.999
Page 3 of 5
Dawn Cindle _. - 10900 E 1.16 PI No -- Questions as to whether the property is in the flood.
plain, Why was this a request for a special exception and not a rezoning? Also had
traffic concerns and sewer problem concerns in the area, She did riot receive a notice irr
the nrail of this meeting and feels she is within the 300' radius. Please decry this request,
we do not want the approval of this special exception,
M arl. Mitchell ..- 10601 1=? 116 St: No He is a, new resident to Owasso, these people
(apartment developers) never stop at..i .si, one complex, they will keep adding more and
nor °e,
Robert Stephenson - 1.1018 E 118 Ct No - -- Had concerns with not being able to discuss
the low income housing portion of this protect.
'racy Howl.eson . 11.1.1.3 E 11.9 St No - -- Traffic concerns for the area
David "dines ..... 113 30-1. No Garnett Road -- He has rrror°e invested in this area of Owasso
then anybody and recommends approval of the special exception. He feels it will be an
asset to the City
Virginia Stewart - -. 1.1015 E 1. 18 C;°t No -_ Questions regarding if the other apartment
dwellings this company has developed have been kept up, She would also like to have a
study done ors. the flood plain., sewer, fire, police, tax. base and water pressure in the area.
Tracy Self- It 822 No 109 E Ave - He moved from Oklahoma City and likes Owasso
the way it is. He moved here because it is away from everything and does not want
progress to move north.
Jane Enzbrenner --- 18184 E, 94 St No _- In a. growing community you have to expect
growth, The Board Members are here to vote for down zoning of this property.
,aura Evans -- 1.1723 No 103 103 E Aire -- She feels her children will be at risk with these
apartments. She feels safe now and doesn't want to feel- threatened with transients in the
area. Also had traffic concerns.
John Wintel -- 10911 t 117 St No - Fire Department does not have the resources or the
manpower to handy this complex.
There was discussion on sewer problems at the 116 " Street North and Mingo area,
Theron explained to the Members and the property owners present, that the City of
Owasso is under a consent order to repair the sewer problems some time this summer.
He also stated that the area utility companies and the planning Commissioners would
review the site plane
BOARD OF ADJUSTMENT
June 7, 1999
Page 4 of 5
Vicki Tapp moved to table the item until the July 277, 1999 Board of Adjustment meeting,
Ken Foster seconded the motion,
%1 Ramey, Foster, Tapp
NAY: Norio
'I"he motion was approved a -0,
6n
BOA -9 -1 A request f1oryi Vy e Holdings, Inc, fbr a. variance of the Owasso honing
Code -- Chapter 10, Section 1005.4, Off - Street Parking and (loading Requirements, to
a] low for a reduction in the parking requirements for an. assisted living facility to be
located in the Preston sakes PUD, The subject property is descried as Lot 1, _flock. 1,
They Vyne Addition to the City of Owasso and is looted on the north side of° E 86"" Street
N, cast of 14. "' E Avenue,
e,
Theron Warlick presented the item. He stated that currently the property is undeveloped,
The applicant is requesting a variance in order to allow fey° a reduction in the total amount
ofpark.ing spaces required. The Owasso Zoning Code requires 74 (I 1 +.3 handicapped)
parking spaces, The applicant proposes 4.3 spaces with three of the spaces to be
lime 1icapped, Legal advertisement was published wid letters were mailed to surrounding
property owners. No calls were received in opposition.. Ken :Foster had questions
regarding staff parking. Staff recommends approval with the following condition,
Joe Barney moved to approve the variance, subject to the above staff recommendation,
Ken Foster seconded the motion,
AYE: Ramey, Foster, Tapp
NAY: None
The motion was approved 3-0.
is ADJOURNMENT – Vicki Tapp moored for adjournment, seconded by Joe Ramey,
AYE: gamey, foster, Tapp
BOARD OF ADJUSTMENT
June 7, 1999
Page 5 of 5
NAY one
lle n'3otion ex-rie 3-0,-)-nd he Pectin was ae�joumcd at 9000 PK
?_ hah
)
1 l
s3f f
The residential citizens of the German Corner Community were clearly very concerned abet this board
of adjustment issue. There was an attendance of more than 100 people. The community center was
standing room only. All of the tables in the meeting room were Ball, and all the walls from all sides were
lined with community citizens. It was so amazing to see the people just coming in one after another,
,e vast majority that were there were interested in the 3rd item on the agenda dealing with the 1, 0 acre
'bract of land off of 11. 6th St. ale, across f rom Country Estates Subdivision.
Note; The meeting room was large and there were no miicrophones se'r up so therefore it was very hard 'to
hear the speakers from the back of -the room. But, here is a copy of my notes of issues I heard being
discussed. please add to this on any issues I did not document or correct as needed,
An exception fr�awi CS zoning to ulflf v�-%ily was reA uested front 1 nda Lawrence, i epr se,.Oaaxr�ive
of Joan Lowe, owner of the property,, Brenda Lawrence, feller Williams realty is t pie Listing Agent in
the contract ac and I°tomes Un�imi ted, Jane Enzbrenner is the 5: gales Broker in the contract, Jane with
l lomes Unlimited was no°i seated next to her buyers, she instead was sanding in the back of the roam.,
Theron `tai °lick, city planner, in favor of the exception to be passed, stressed to the board that first of
all this is not a low income housing issue and the board should -focus on land usage only tonight. The
audience did not except that comment and many people started raising their hands at that moment. The
board said they, would Dater take audience questions only if each would introduce themselves with name
and address of home. And also if it did not get oait of control.
Theron then proceeded to explain the history of the land staying the annexation into the city was
ro pleted in March of this year and thcat Ti.ilsa County approved the CS zoning some years ago He f elt
.at It would be better for the area with the approval of the board to get an exception fog° multifamily.
Brenda Lawrence, representative of the applicant, also took the opportunity to spew. She said she
supported this recommendation to approve the exception, her daughter lives in Country Estates and she
does not live to °far from. there either, she, continued to say we need a balanced community, unity, we cannot
just provide for the wealthy. (The audience questioned her definition of wealthy) One person asked her
if her pay for selling this land was based on a f lat rate or a % commission. 5he said she thought that was
a cheap shot. The audience member said he thought it was a cheap shot what she was doing to their
- •,.�,. . �. - - TT,,z�.��, Sunday, JE1P9$ �D, 99�J9 &a4m-rlca C3nline: �fz'i Gfi�8i3Li =.. $'age: 9
®rada introduced Pick Schroder, President for Redwood Co., and buyer fors the land. Mr. Schroder said
a ne issues of the par tra eats can be discussed at an opera public foryum June 28th. (The board of
adjustment commented d they were not aware of the nwefing on she 28th and the audience said they were
not aware of this remora either)
01 w person comrnented on ho w can they set a mee inu) in advance if° they were e raot ever. Ur e if this was
going to be passed tonight, Something skid riot sclurad right,
1-he aUdience was cgive d t rah; oppor l,.�nity "i o cask questions n - irmake comments. s. �a�" ny in � er .s � vii 3 and
concernedthoughts a
The f ollowing are some that I was able to note'.
1. Will the developers be considering 2nd phase Qi at later cl ate
Yes, the developers commented,
2, Why open rip an area to build rrargl t ifarraily dwellings and overload our severely overloaded
mfP a i°r°a:.uc ure in this area.
: One rya t izetn said they have lived in this area since 96 and it is a stepping stone : r them. Would
j , o haven restaurant instead. (Big cheer, ` rom the a~audience)
There is no balance, no parks, no trees, jaa�`i° houses, we want a babnce,
5. This will create insecurity for families with smeill children because in aparirments people are short
term. Why overload our area with more trdnsient living.
6o We must look at country [--,states, it is going to be over 700 homes according to the developers, befora
it is finally completed.
SuncRay, 3une 2U, 'Y M �America Online: CIS §CiiUC)Lk:: Page: 2
light in your back yard. Theoron denied this and then another citizen stood up and said Theoron said the
some thing to him on Friday morning when he talked to him. bawn felt since the majority only found out
out this in the past 48 hours they were not prepared with questions to ask.
.,,i_,hen %awn asked everyone , to stand rap that opposed the exception and the, whole room stood up with the
ex ption of a few. She said, "W do not want to grant Brenda Lawrence as special exception of 'the
Owosso ;honing Code Chapter 6 Section 610 principal arses permitted in Commercial bistrict and that it be
requested that this exception be denied." Then the crowd went crazy with applause and she was seated.
8. Someone eone ' $9geaated to loom aai" 611si<a Peoria to see what has 1 °aappened there wher'a low rr'rcome hOUSin
was si ar`' ted
9. What does the past r5 cord of the past developments frona this company look like. Can they supply the
aadd e,zes of structures that are older than 540 years for our viewinaj, (The developer said he will leave
his bUSiness card for- ti -ram to contact Maine f or those)
M A f ire igh`i'er cornrraren° °red saying he was concerned about adequate f ire protection. If a fire occa.rrs
in this complex all units are called out doom to procedure, so if another f ire started else here we would
hraave no extra coverage with s Ice current r it es at ion in Owasso,
1. VIVc da;a not warr °i to rose the security, that 3s why we chose to fiv(�., or.,8 "i' her, Low crime, outside of 1rh
direct city action,
Ho rri9..ich shay so do we really have in this dev lo`rpma rr r'?
:13., What are the advantages to the city to have a loan income apartment complex s. keeping it
commercial where we as area neighbors can spend otrr money. ( No straight answer was given)
14, The niajority are in favor of a Restaurant or small shopping area.
15. It is a know fact that apartments will decrease .the value of our homes. We, will not be able to resale
there for what we bought them Toro
16. The majority want it to stay commercial.
17. Can our inf rastructure handle these 64 units with the possibility of phase 2 coming soon after, The
way it is now, our sever is having problems, our water pressure is low, and our streets are very
deteriorated.
18. What about the increased traffic that will occur with over 200 new families roving in
19. What about adequate space in the schools. Is the school district aware of these f UtUre plans.?
.ate, What about the drainage situation. The lash` rain reaped havoc in the side neighborhood. One lady
said her pool (looting Lip to the top, it was so bad.
sunciay, Juts° 2b, 1999 Arrarica f7niine: i7MC€tJ iJLE � ..�Page: 3 ..�
21. Wham about the increased traffic situation. Is the road going to be widened?
, o Why weren't the area neighbors properly notif 9ede Only 3 got letters and n® notice was published on
the property. No sale pending sign was even put up. (Brenda commented that she did not put up a sale
pending because the contract I ii contingen ,y` )
23. One citizen ask d if it was a c on f lic t of interest wig h rend Lawrence represen ting the applicant
and also being on the economic development board,
I v % ?o citizens stood ui p in f avo of" file MUHHf ClMily project,
M r Vines was one in f avor, He commented 'that he recommended d i 1 his w,,f 1l help the inf rastructluire to be
wh,orked on,
Mrs. Jnne Enzbrenner, Owner of Homes Unkmi ed Realtors avid representative, of the buyers, Said s -h
,was for it. Growth is, change
The meeting ended with one board member asking Brenda Lawrence if we can postpone this nwe in -ill
af ter the 23rd of July and appoint another board member, (One tnember in the audience asked how one
ar, becorn a board memb er, no answer w(,"is given)
,z n a welcomes the postponement and thought it, would �)ive all time to think and have any questions
_.. �swered in public f rum on June 22nd .,
Theo ron sc:,,xid he will readverfise the d finite d tes hen ° heey are decided on f or the continuing of the
board of adjustrrmnif meeting.
�•.�.�.,,�,.�,,.�•.� Saer7c3ay, Jvarse ;7(3, 9999 Astaxcica ('3niine: 13t;7CiNDLL ���.,, Picge::3