HomeMy WebLinkAbout2015 20_CBOA_2550 Opposing Quarry Expansion_2015.10.06OWASSO CITY COUNCIL
RESOLUTION 2015 -20
A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA
OPPOSING TULSA COUNTY BOARD OF ADJUSTMENT CASE CBOA - 2550,
SPECIAL EXCEPTION TO PERMIT MINING AND QUARRYING IN THE AG
DISTRICT, NW OF THE INTERSECTION OF E 66TH ST N 8 N 145TH E AVE.
WHEREAS, Roy Johnsen, representing the Anchor Stone, who operates the existing quarry
located at the NE corner of E66th St N & N 145Th E Ave is proposing to expand the quarry
operations westward into approximately 47 acres of agricultural land located in Tulsa County,
with the City of Owasso fenceline; and,
WHEREAS, the application is in direct violation of the City of Owasso's adopted GrOwasso
2030 Land Use Master Plan that calls for this area to be used only for single - family and agricultural
uses; and,
WHEREAS, the City of Owasso made a significant monetary investment for infrastructure in the
area to allow for the development of single - family homes, which would be harmed by approval of
this application; and,
WHEREAS, the request submitted would directly result in the de- valuation of existing homes
and significant pending development both in Tulsa County and Owasso City Limits.
WHEREAS, the request submitted would reduce the quality of life in Owasso and cause long
lasting environmental and social impacts to Tulsa County and Owasso residents.
NOW THEREFORE, BE IT RESOLVED by the City Council of Owasso, that the City of Owasso
opposes Tulsa County Board of Adjustment Case CBOA -2550.
APPROVED AND ADOPTED this the 6th day of October, 2015.
OF O�
�' OFFICIAL �
SEAL
ATTEST
Sherry Bishgo, City Clerk
APPR D AS TO FORM:
JuliWTrout Lombardi, City Attorney
koberlyM
, Mayor
The City Wit
out Limits.
APPROVED BY COUNCIL
TO: The Honorable Mayor and City Council
City of Owasso OUT 0 b ZU15
FROM: Bronce L. Stephenson
Director of Community Development
SUBJECT: Tulsa County Board of Adjustment Case CBOA -2550
DATE: October 2, 2015
BACKGROUND:
The City of Owasso received notice of upcoming Tulsa County Board of Adjustment case CBOA-
2550 requesting a Special Exception to permit mining and quarrying in an AG (Agricultural)
District located at the NW corner of E 661h St N & N 145th E Ave.
An existing quarry owned by Anchor Stone has been in operation to the east of the subject
property for many years.
Anchor Stone has tried to expand the quarry in recent years, but was unsuccessful. Beginning in
the 2003, Anchor Stone tried to expand the existing quarry operations to the east (within Rogers
County). The application was denied by the Rogers Board of County Commissioners, with a
lawsuit of Anchor Stone vs. Board of County Commissioners as a result. The lawsuit continued for
many years but was dropped in 2007 when the plans for the Stone Canyon development began
and the land was purchased by the developers. The surrounding community came out in great
numbers to fight the quarry expansion to the east and north due to impacts on their homes and
their quality of life (blasting, dust, noise, etc.).
ANALYSIS
In July 2014, the City of Owasso adopted its new long range master plan, named GrOwasso
2030. This plan, which took 18 months to develop, involved significant public input as well as
interviews with various stakeholders in the Community. The area in question was identified for
residential uses based on the input received and pending residential projects in this area of
Owasso and solid planning principles.
Additionally, discussions with Anchor Stone during this time revealed they had no plans for
expansion, would mine their existing property for another 30 years and close an eastern section
of the quarry approximately 80 acres in size, which would be allowed to fill with water with
eventual use as a recreation amenity dedicated to the City of Owasso.
Years of discussion with Anchor Stone revealed that they would not expand beyond their current
boundaries and Owasso has planned and developed accordingly. While the subject property
lies outside the Owasso City Limits, we have some serious concerns about the negative impacts
the expansion will promote.
• The proposed expansion does not conform to Owasso's adopted GrOwasso 2030 Land
Use Master Plan, as the area is called out for residential uses not industrial uses as the
quarrying operation would introduce. Residential uses are the lowest possible impact
uses and this area is called out for these types of uses. Expansion of intrusive industrial
type uses is the highest and most intense possible uses, directly violating Owasso's
fenceline's adopted land use plan.
• The City recently completed a $5.5 million sanitary sewer interceptor line expansion in this
vicinity in preparation for expanded and more intense residential uses. The sanitary
sewer line was setup as a payback in which developers of residential property would pay
a fee back to the City based on the acreage developed. The City has already had one
instance in which a 200 plus lot development was canceled after the developer heard
of the potential quarry expansion.
• Expanding the quarry will make it increasingly difficult to develop this area for residential
uses and cost the City millions of dollars in lost revenue and development. Development
of the subject property as a rock quarry will severely impact potential residential
development in this area and will further negatively impact the existing residential uses in
Tulsa and Rogers County, and Owasso City limits.
• The quarry expansion will cause negative impacts to area residents from blasting, truck
traffic, noise, and dust. Per Section 43 -113, Chapter 1, Title 11 of the State Statues,
specific use permits "shall be viewed as to its probable effect on adjacent properties
and community welfare." Approval of this type of harmful use would cause a great
negative impact on the surrounding area and the community as a whole.
• Further, the expansion will devalue private property near the expansion location. Real
estate prices in the area already reflect the negative impact that the quarry has on
homes.
• The City of Owasso has been told on numerous occasions by Anchor Stone that the
quarry would not expand any further than its current operation limits. The City views the
proposed application as a violation of the established trust in this regard. This expansion is
substantial and will have a dramatic impact on this part of the county as well as the City
of Owasso.
• Based on a map of the proposed expansion boundary, it appears that there will be
significant disturbances to aquatic habitats as several ponds and a stream will be
eliminated by the expansion.
RECOMMENDATION:
Staff recommends approval of the Resolution 2015 -20, opposing the quarry expansion.
ATTACHMENTS:
Resolution 2015 -20
Meeting Notice from INCOG
Area Map
Aerial Map
NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENT
COUNTY OF TULSA, OKLAHOMA
CASE NUMBER: CBOA -2550
Notice is hereby given that a public hearing will be held before the Board of Adjustment to consider
the following application. All persons interested in this matter may attend this hearing and present
their objections to or arguments for the request.
APPLICANT: Roy Johnsen (918.585.5641 / rdj @dohnsenlaw.com)
ACTION REQUESTED: Special Exception to permit mining and quarrying (Use Unit 24) in
the AG District (Section 310, Table 1).
LOCATION: NW of the intersection of E 66 t ST N & N 145" 'East Ave
PROPERTY LEGAL A TRACT OF LAND THAT IS PART OF THE SOUTHEAST QUARTER (SE 14) OF SECTION 33, TOWNSHIP 21 NORTH,
/. RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN IN TULSA COUNTY. OKLAHOMA AND MORE PARTICULARLY
DESCRIPTION: DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER (SEI4); THENCE
S 00'0730' E AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER (SEN) A DISTANCE OF 117247 FEET; THENCE
N 89'2552" WA DISTANCE OF 1035.24 FEET; THENCE S 00'34'19" W A DISTANCE OF 407.68 FEET; THENCE N 89'5050' W A
DISTANCE OF 99.79 FEET; THENCE S 01'21'52" W A DISTANCE OF 28.51 FEET; THENCE NBV571 Y, W A DISTANCE OF
598.09 FEET; THENCE N 00'2320' E A DISTANCE OF 937.68 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER (5/2 NW /4 SE/4); THENCE N 89'5007' E AND A ONG SAID
NORTH LINE A DISTANCE OF 405.85 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST
QUARTER (E2 SE/4); THENCE N 00.023T' E AND ALONG SAID WEST LINE A DISTANCE OF SSR67 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTHEAST QUARTER (SE/4); THENCE N 89'55'04" E AND ALONG SAID NORTH LINE A DISTANCE OF
1322.90 FEET TO THE POINT OF BEGINNING SAID TRACT CONTAINS 2.046,703.32 SQUARE FEET 147.032 ACRES. THE
BEARING BASE FOR SAID TRACT IS S 00'OD39" E ALONG THE EAST LINE OF THE SOUTHEAST QUARTER (SE/4) OF
SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN IN TULSA COUNTY, OKLAHOMA
PRESENT ZONING: AG
HEARING DATE: Tuesday, 10120/2015 1:30 PM
The meeting will be held at:
COUNTY COMMISSION MEETING ROOM
ROOM 119, COUNTY ADMINISTRATION BUILDING
500 SOUTH DENVER AVENUE
TULSA, OKLAHOMA
CBOA Staff Contact: Nikita Moye at (918)579.94371 nmoyena.incoci.org OR
Land Regulation Specialist at (918) 584 -75261 esubmitOincou.oru
To view the submitted application visit: www. countvoftuisa- boa.ora /CBOA/CBOA- 2550.pdf
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