The URL can be used to link to this page

Home My WebLink About2017.09.26_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 September 26, 2017 6:00 PM SEP 0 1017 (�� Marsh Hensley N Birch CjjYCj'S/ Assistant City Planner Filed in the office of the Owasso City Clerk and posted at City Hall, 200 S Main (west side), Owasso, OK at 2:00 PM on the 20°i day of September, 2017. Marsha Hensley, Assistant City Pl— �ner OWASSO BOARD OF ADJUSTMENT Tuesday, September 26, 2017, 6:00 PM Old Central, 109 N Birch AGENDA Call to Order 2. Roll Call Approval of Minutes from the August 22, 2017 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 17 -06 — Variance Request — Robert & Tammy Johnson - Consideration and appropriate action related to a request for approval of a variance that allows a temporary gravel parking lot at Wheels and Thrills. The property is located at 10637 N Garnett Rd, Owasso, OK and is zoned CS (Commercial Shopping) district. 5. Report from Community Development Director 6. Report from Board of Adjustment Members New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 8. Adjournment PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular September 26, 2017�� /�Fd 6:00 PM SF p Old � ?O1j nMarshaHenslOy NBirch Office Assistant City Planner Filed in the office of the Owasso City Clerk and posted at City Hall, 200 S Main (west side), Owasso, OK at 2:00 PM on the 20`h day of September, 2017. Marsha Hensley, Assistant City PlAnner OWASSO BOARD OF ADJUSTMENT Tuesday, September 26,2017,6:00 PM Old Central, 109 N Birch F.TAK1z0 1. Call to Order 2. Roll Call 3. Approval of Minutes from the August 22, 2017 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 17 -06 — Variance Request — Robert & Tammy Johnson - Consideration and appropriate action related to a request for approval of a variance that allows a temporary gravel parking lot at Wheels and Thrills. The property is located at 10637 N Garnett Rd, Owasso, OK and is zoned CS (Commercial Shopping) district. Report from Community Development Director 6. Report from Board of Adjustment Members New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 8. Adjournment Rval PvvOw • Ravl Clivracmr • Pval Cammm�Ry TO: Owasso Board of Adjustment FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: OBOA 17 -06 - Hard Surface Parking Lot Variance - Wheels & Thrills DATE: September 21, 2017 BACKGROUND: The City of Owasso received a request for a Variance from the hard surface parking requirements in Chapter 9 of the Owasso Zoning Code. Specifically_, the request is to allow for the use of gravel in -lieu of asphalt or concrete for the use of overflow parking as part of the new Wheels & Thrills facility located at 10637 N Garnett Rd. The subject property is zoned CS (Commercial Shopping), was annexed under Ordinance 952 in December 2009, and was subsequently rezoned under Ordinance 1018 in January 2013. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North PUD 17-01 CS Commercial Shopping) Undeveloped Commercial City of Owasso South CS Commercial Shopping) Undeveloped Commercial City of Owasso East AG (Agriculture) Residential Commercial Tulsa County West AG (Agriculture) Residential Transitional Tulsa Count SUBJECT PROPERTY /PROJECT DATA: Lot Size 2.80 Acres Total 12,720 SF Developed Area Current Zoning CS Commercial Shopping) Proposed Structure Vehicle Parking Area Within PUD? No Within Overlay District? No Water Provider City of Owasso APPROVAL PROCESS: 1270.3 Board of Adjustment Action A Variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the Zoning Code may be granted, in whole, in part, or upon reasonable conditions as provided in this Article, only upon a finding by the Board of Adjustment that: 1. The application of the Code to the particular piece of property would create an unnecessary hardship; 2 Such conditions are peculiar to the particular piece of property involved; s� Raal Paopla • Mal CLaudar • RuW Cammunlly 3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the Code or the Comprehensive Plan; and 4. The Variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. Provided that the Board in granting a Variance shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached. ANALYSIS: The City of Owasso Zoning Code Chapter 9, Parking, Section 9.1.3 Surfacing, states "all parking stalls shall be constructed of concrete or asphalt." While the proposed use of vehicle storage in connection with an indoor recreation facility is compatible with CS (Commercial Shopping) zoning, the gravel surfacing is not a permitted parking surface as per the above referenced section of the Zoning Code. The lot in question is home to Wheels & Thrills, a recently- opened indoor recreation facility. The front half of the property contains the structure and hard surface parking area for customers and employees. The remaining eastern portion of the property is undeveloped, but the applicant states they desire to expand their business in the future to the east. For the time being, the proposed gravel parking pad would be for employees and serve as overflow parking during peak hours. The applicant indicates that they do not want to pave the temporary parking area now only for it to be torn out in a few years to accommodate construction of a permanent facility. Additionally, a new development to the north, Emery Village, was recently approved by City Council, and the applicant would like the flexibility to coordinate potential access points and drainage with the developer. Given the information provided, this situation is somewhat unique and can be considered an exceptional situation. The Site Plan provided indicates that a gravel pad approximately 106 feet by 120 feet (12,720 square feet) of parking area is proposed. The parking area would allow for the parking of thirty (30) vehicles at any one time. Access would come from the existing asphalt parking turn - around near the southeast corner of the building. Any security lighting proposed for the temporary parking area would require approval from the Community Development Department and would meet the lighting code requirements of the Owasso Zoning Code. A mentioned above, the applicant indicates this use would be temporary in nature, and there are plans to eventually develop the eastern portion of the property into a permanent use. At that point, the hard surface parking requirement would come into effect. As with any Variance request, the determination must be made that the request meets each of the four (4) criteria outlined in Oklahoma State Statute and the City of Owasso Zoning Code. After reviewing the criteria, Staff has made the following findings for each of the listed criteria: 1. The application of the Zoning Code to the particular piece of property would create an unnecessary hardship. Strict application of the Code appears to create an unnecessary hardship. The requirement for hard surface parking is designed to minimize excessive dust and provide the public a clean, mud free surface to park on, In this case, the use indicated is temporary in nature and is intended to only provide parking relief during peak hours as well as employee parking. Any dust generated would be kept to a minimum to lessen off -site impacts. Additionally, requiring a hard surface at this time only sd eel P.01. • n.1 CLe ¢lar• R-A C.Muully for it to be removed a few years from now could be considered an unnecessary hardship. 2. Such conditions are peculiar to the particular piece of property involved. The conditions can be considered peculiar to the property in the sense that future development of the property would more than likely alter the shape of the parking area in question as future final designs are prepared. The engineering design for the property to the north is key 1n making the access connection and coordinating drainage plans for the eastern portion of the applicant's lot. Given this, it would not make sense to require the paving of the proposed temporary parking lot until the plans for the property to the north are better determined and coordinated. 3. Relief, if granted, would not cause substantial detriment to the public good, or Impair the purposes and Intent of the Zoning Code or the Comprehensive Plan. If this Variance request was approved, it would not cause a detriment to the public good and would not impair the purpose and intent of the Zoning Code or the Comprehensive Plan. The 2030 GrOwasso Land Use Master Plan calls this area out for Commercial uses. Adequate parking areas are a necessary component for a commercial use. The Variance request, if approved, would not change the use to something that is inconsistent with the Comprehensive Plan. 4. The Variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. Allowing the parking surface to be gravel, for the reasons outlined above, appears to be the minimum necessary to alleviate the hardship. Requiring a hard surface parking lot for the amount of area in question that is likely to be redeveloped into a permanent use in the next few years would be overly burdensome, a waste of asphalt or concrete, and unnecessary. Additionally, it is important the future development of the applicant's property coordinate and be in harmony with the development plans for the property to the north. The applicant has indicated that the temporary gravel parking area would be for a period of one (1) year from the date it is installed. In conclusion, based on the aforementioned findings, Staff finds that this particular Variance request meets the four (4) criteria defined by Oklahoma State Statue and the Owasso Zoning Code. Letters were mailed to all property owners within three- hundred (300) feet of the subject property and the request was advertised in the Owasso Reporter. As of the writing of this report, Staff has not received any calls from citizens concerning this case. If the Board approves the Variance, Staff recommends some additional conditions be added as part of the approval. RECOMMENDATION: Staff recommends approval of OBOA 17 -06 with the following conditions: 1, The site shall be developed in accordance with the final approved Site Plan, including any detention requirements. 2. Any security lighting shall be submitted for review and approval. 3. Dust control measures shall be employed throughout the duration of the use with frequent sprinklings of water or utilizing other dust control compounds. 4. A filter fabric underlayment shall be installed beneath the parking area to control weeds. am IWapN• Hot Ma Mar, Real Community 5. Containment of the gravel area with an edge treatment shall be required. 6. Approval of any required stormwater detention shall be secured through the Owasso Public Works Department. 7. The maximum time for the gravel parking area shall be for one (1 j year with allowance for one (1) year extensions with approval of the Community Development Department. The maximum number of extensions allowed shall be three (3). ATTACHMENTS: Aerial Map Site Plan { t r 1 u Q^ O I — V` � yeC LI Erl 11 �:�ySyiC! i,i • FIHIi» = { t r 1 u �� .w v ®a�. 6 6 b 1p•OWyM° 531YIJOSSY NnOY1 M3N � �5 ®NOSSlOw s ii4`sili $ z F al D a #° 00.1 $e ' a 8 a ��l ul is t¢ a� D #etl�.a�s#8 J$ "°'s8 �p3agg$ak� It s a try _ °!$fgSSgpeg3e�i�s 5 � LL Z Y iz a i zz � mekh '^ a W 0 V! ? 2 C LL J $ Z5 W ' S all 'li i Is - abgg�$36 k� F #�yeps63$$Fp�s II z g3 �Fi!RD tDt E g b�n�` @��85 i{ptl y #p a�.(� €gBRIN# iBCg ?9¢ SG :, Fi9yiDg¢�atill -g ,R, Y§ 1 SagSR k�a�5` 1€e��A a NIX 3 5 ggg tl gg& xs aq gggg # 731 itsRp� 3�#�•� R °� g� �� a s #a�s�s�a# a° F c E F F S E pp! d a B kk BDQ Is g g�: II I I I e i i I �� kH &eggs ° @ �gg� €gef8gp? k €g 6 � h i � i t � h R _