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HomeMy WebLinkAbout2008.02.26_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular February 26, 2008 6:00 PM Old Central, 109 North Birch Larissa Damaby City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM on the 19`" day of February, 2008. Larissa Darnaby OWASSO BOARD OF ADJUSTMENT Tuesday, February 26, 2008, 6:00 PM Old Central, 109 N. Birch UCel0)11091 1. Call to Order 2. Roll Call 3. Approval of Minutes from the November 27, 2007 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA- 08 -01— Verizon Wireless — Request by Verizon Wireless for a special exception to allow the construction of a wireless telecommunications facility on property zoned AG (Agriculture), located at 10324 East 116ie Street North (the Owasso Sports Park). A general area map is attached. 5. OBOA -08 -12 — Walnreens — Request by Walgreens for a variance to increase the height limits on a sign located within a CS (Commercial Shopping) Zoning District, located at the Owasso Expressway and 116'h Street North. A location map is attached with this memorandum. 6. Other Business 7. Adjournment NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -08 -01 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Owasso Old Central Building, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 26' day of February, 2008. At that time and place the Owasso Board of Adjustment will consider a request for a Special Exception to ALLOW FOR THE CONSTRUCTION OF A WIRELESS TELECOMMUNICATION FACILITY AT THE OWASSO SPORTSPARK. The property is located at 10324 East 116` Street North. All persons interested in the above mentioned matter are hereby notified to be present at the above mentioned time and place in order to present their arguments for or against same. Information and maps showing the property location may be inspected in the Community Development Department, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1541. Dated at Owasso, Oklahoma, this 6 s day of February, 2008. Marsha Hensley Assistant City Planner MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: UPDATE OF THE OWASSO LAND USE MASTER PLAN DATE: February 13, 2008 BACKGROUND: The Owasso Master Plan is a document representing desired future land use and transportation patterns for the physical development of the community. The Owasso 2015 Zang Use Master F7cm was adopted by the City Council on September 21, 2004. From September through December 2007, the steering committee for the update of the Owasso Land Use Master Plan conducted its review of the community's comprehensive plait. That update is now prepared and ready for such consideration. The Master Plan can be generally diyided into three parts: 1) statistics, figures and estimates, 2) map of desired land use patterns, and 3j key issues, needs, and goal statements. It serves as an adopted statement of growth policy for the city; and provides the basis for land use decisions such as zoning, It is the City's policy to evaluate and update the master plan from time to time in order to ensure its relevance to the changing realities facing Owasso. The steering committee was formed to ensure citizen input in the land use planning process: The committee is comprised of 16 members; eight citizen members and eight municipal staff'members. Bradd Clark Rickey Hayes Warren Lehr Timothy Rooney Roger Stevens Eric Wiles PROCESS,USEDJN UPDATING THE MASTER PLAN: The; staff began the process of updating the Master Plan by analyzing demographic data colleotec since the 20Q4 plan update. This data was synthesized with development patterns that havE occurred m and around Owasso during the same period and an inventory was taken o Owasso "i recent growth and current land use distribution. Once the staff prepared this inventory of eurtenl conditions ani updated the community's population projections, a proposed plan of future `land uses was draed. It is this plan that the steering committee has reviewed. Once the committee completed its review, the Master Plan was considered by the ,Flanning Comnssion at the January 7, 2008 regular, meeting. The Planning Commission conducted a llp public hearing, ,on the update and received: comments from two citizens regarding the proposal: Both comments were made by residefiN oLf the neighborhood south of East 1Q6a Street North, between North 129`h East Avenue and the .Owasso Expressway, and both comments requested the land' use designation for that area be changed from residential to commercial, At the conclusion of the public hearing, the Planning Coltmrissionr unanimously recommended `City Council approval of the proposed amendments to the Owasso Land Use Master Plan. PROPOSED'. CHANGES TO MASTER PLAN: The most noticeable change being proposed to the plan is the removal of the "Rural" designation for planned future land uses. Cunrentiy, there are six. land use classifications shown on the plan: rural, residential, transitional, commeroial, industrial, and community. The staff has found that as property within Owasso's fenceline develops, existing rural land changes to another land use type, typically residential. Already, the City has seen an instance where the master plan's rural designation had to be changed to accommodate a residential development. Also, the "Community" land use is being changed to "Parks ". The color green will still be used for parks and golf, courses, but other community facilities such as schools and city facilities will.nowbe included with the "Transitional" classification. The staff based this decision on the bbservotion that if a school or city facility ceases to be used for that purpose, the desired land use will likely be office or maybe even commercial. This change will make that transition easier. Most of the other proposed changes include revising the desired future land use on small tracts usually located..at the comers of arterial intersections. These changes seek to implement the pity's policy of encouraging "nodal" development, with more intense commercial' land uses at arterial corners; less intense residential land uses in the interiors of sections, and a buffer of transitional uses such as offices and multi- family between the commercial and residential developments. The proposed changes also seek to accommodate proposed developments that have beep. made known since the plan was last updated. These proposed developments include the Larkin Baiiey PUD the Owasso Waterfront Project, and the Stone Canyon development. RECENT NEIGHBORHOOD'.NMETING AND RESPONSE: At their January 15, 2008 regular meeting, the City Council conducted a public hearing to obtain citizen input on the proposed amendments to the Owasso Master Plan. At that public hearing, several citizens addressed the Council, expressing their desire for their properties to be planned for, future commercial use, rather than future residential use currently designated by the plan The area, rs 1'ocated south.of East 10601 Street, between North 1290' East Avenue and the Owasso zJxpressway and, has developed for residential purposes. In order to gather more information re$ardiri the opinions of all residents within the area, the City Council dtrec e4 staff to conduct a nolghborhogd meeting. At that meeting, all property o 'iers could express whether they wanted theii properties designated for future commercial or residential use. The neighborhood meeting was held on January 3;1, 2008, The meeting was well attended and many residents did indicate their preferred future land use. Further, the staff conducted a survey by U.S. Postal Service of the area property owners; the response rate for the survey was also substantial. To date, the staff has received resp Fo -four (44) of the responses designation; one (1) response indica and one (1) response indicates the o for their property. An aerial photoi spatial arrangement of responses that STAFF COMMENT: °although rt is ;the staff's belief this a offims, restaurants, and retail e" comYneicial bsdsl would be iuterspe$s€ recommended (and the Council has 'residential to commercial until all p. Owasso and request such change. 54 property owners in th subject area. desire a future commercial .. lat d :use i Ri ure residenh� alb ti use designation, �d about the future tanii "use designation With this memorandum, illustrating the the future laud' "use designation not change "from owners within the subject area come to the City of Prior to the neighborhood meeting, the staff believed a roughly even division of opinion; existed among properly owners regarding whether the property should be used commercially or residentially. Following the neighborhood meeting and survey, the staff findmgs.ate quite a'!# rent; 95% of the responses received thus far indicate a desire for the property to be used commer'arally. believes that such a large majority on the part of the property owners is a rather clear that the neighborhood, in large part, shares the opinion that future eoinmercial_ s'e is :e. Additionally, in order to make it less likely that individual zoning requests will:result work pattern of commercial and residential uses, the staff also iittends,to etiptgnie10th -at requests only be considered whexr •at least ten acres- axea included ui; the app roatl'on td e properties' zoning from resider U&1 to coinitteroial. Should this xeootnr�tendat on be the staff would include such a provision in the goals and objectives of the ` gief plan. RECOMMENDATIONS: 1. The staff recommends that the master plan update designate the entire area south of Easi 106'h Street North, between Forth 129a East Avenue and the Owasso Expressway, for future- commercial land use. 2. The Master Plan Steering Committee and the. staff recommend approval of the update to the Owasso Land Use Master Plan. ATTACHMENTS: 1. Aerial photograph depicting spatial arrangement of responses about desired future land uses for subject neighborhood 2. Proposed Master Plan land use map MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: OBOA- 08 -01, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF A WIRELESS TELECOMMUNICATIONS FACILITY ON A PROPERTY CURRENTLY ZONED AG (AGRICULTURE). DATE: FEBRUARY 15, 2008 BACKGROUND The City of Owasso has received an application from Verizon Wireless for a special exception to allow the construction of a wireless telecommunications facility on property zoned AG (Agriculture), located at 10324 East 116' Street North (the Owasso Sportspark). A general area map is attached. EXISTING LAND USE Owasso Sports Park PRESENT ZONING AG (Agriculture) APPLICABLE REGULATIONS Owasso Zoning Code, 1520 B ANALYSIS The applicant is requesting a Special Exception from the Owasso Zoning Code to allow for the construction of a wireless telecommunications facility on property zoned AG (Agriculture), located at 10324 East 116'h Street North. According to the Owasso Zoning Code, Section 1520 (B), a Special Exception is required if a proposed telecommunication tower is not to be located in a permitted by right district. Furthermore, the code states all Special Exception requests for telecommunication towers may be so authorized by the Owasso Board of Adjustment, subject to the following additional requirements: setback from historical property, the telecommunication tower must be a minimum of 200 feet, or 3 to 1 distance of height ratio, whichever is greater, from structures used for residential purposes, the height shall not exceed 120 feet if the tower is at least 200 feet, but less than 300 feet, from any RS -3 or more restrictive district or use, all guy and guy wires shall be set back at a minimum of 20 feet from any property line, the base of the tower shall be enclosed by security fencing at a height of 8 feet, the tower must be constructed and operated in compliance with the current Federal Communications Commission and other applicable federal and state standards, new telecommunication towers must be a minimum distance of 5,000 feet from any other telecommunication tower, unless in a by right district. The intent of the Special Exception process is to ensure that a proposed use will be in harmony with the spirit and intent of the code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. After thorough evaluation of the proposed Special Exception, the staff finds the proposed facility will be used for the transmission of a wireless telecommunication signals and will be located on a 40' by 40' parcel (1,600 square feet) that the applicant has leased from the City of Owasso. The proposed monopole will be 120' in height. The lease area is located more than 200' away from any property that is zoned residential, and set back more than 360' from any residential structure. The proposed facility complies with the provisions set forth by the Zoning Code regarding setback, height, fencing and screening requirements. The staff finds that the approval of the request would not have any detrimental impact on the surrounding area. Letters were mailed to all property owners within three- hundred (300) feet of the subject property on and the request was advertised in the Owasso Reporter. RECOMMENDATION The staff recommends approval of OBOA 08 -01 ATTACHMENTS 1. Case map 2. Legal Notice 3. Radius Report 4. Site drawing Zoning Map MEMORANDUM TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: OBOA -08 -02 DATE: FEBRUARY 13, 2008 BACKGROUND: The City of Owasso has received an application for a variance to reduce increase the height limits on a sign located within a CS (Commercial Shopping) Zoning District, located at the Owasso Expressway and 116'h Street North. A location map is attached with this memorandum. EXISTING LAND USE Undeveloped Commercial PRESENT ZONING CS (Commercial Shopping) APPLICABLE REGULATIONS Owasso Zoning Code Section 1840 D ANALYSIS: The subject property is designated Commercial by the Owasso Land Use Master Plan. The property is zoned CS (Commercial Shopping) . tract is located at the Owasso Expressway and East 116°1 Street North. The applicants are requesting a variance to the City of Owasso Zoning Code, to allow for construction of a forty (40) foot pole sign. According to Chapter 18 of the Owasso Zoning Code, the maximum height of a ground pole sign in a CS (Commercial Shopping) Zoning District is thirty (30) feet. Thus, the reason the applicant is requesting a variance. Section 1270.1 states that "The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this code only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this code, or the Comprehensive Plan, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the code will result in unnecessary hardship. The Board shall not vary any jurisdictional requirements such as notice. " The staff fords that this property is not subject to any unnecessary hardship. The staff has evaluated the request, and finds that there is no hardship peculiar to the property that would merit the allowance of an additional ten feet in height for the proposed ground pole sign. Current development practices and standards do not identify a need to allow the maximum height of the sign to be increased. The staff is concerned with the possible negative impact of allowing the proposed sign to exceed 30' in height. Letters were mailed to all property owners within three- hundred (300) feet of the subject property on and the request was advertised in the Owasso Reporter. RECOMMENDATION: The staff recommends denial of OBOA 08 -02 ATTACHMENTS: 1. Radius Report 2. Legal Notice 3. Site drawing e)twot-t uu - e)a Morrow Investment Capital %Dr Kathleen Morrow 2920 Starboard Rockwall, TX 75087 State of Oklahoma %Dept of Transportation 200 NE 21 St Oklahoma City, OK 73105 Garrett Creek Dev Co 401 W 2 "" Ave Owasso, OK 74055 Bank of the Lakes P O Box 1017 Owasso, OK 74055 NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -08 -02 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Owasso Old Central Building, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 26'h day of February, 2008. At that time and place the Owasso Board of Adjustment will consider a request for a VARIANCE FROM THE OWASSO SIGN CODE to allow construction of a free - standing pole sign at a height of 40 feet, with an area of 169 sq. ft. The property is located at the northeast corner of North 135" East Avenue and East 116t` Street North. All persons interested in the above mentioned matter are hereby notified to be present at the above mentioned time and place in order to present their arguments for or against same. Information and maps showing the property location may be inspected in the Community Development Department, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1541. Dated at Owasso, Oklahoma, this 11d' day of February, 2008. Marsha Hensley Assistant City Planner Please see attached "Exhibit A" (Walgreen's Site Drawing).