HomeMy WebLinkAbout2017 19_Tulsa Board of Adjustment Opposing Quarry Expansion_2017.11.07OWASSO CITY COUNCIL
RESOLUTION 2017 -19
A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA
OPPOSING TULSA COUNTY BOARD OF ADJUSTMENT CASE CBOA -2651,
SPECIAL EXCEPTION TO PERMIT MINING AND MINERAL PROCESSING IN
THE AG DISTRICT, NW OF THE INTERSECTION OF E 66TH STREET NORTH &
N 145TH EAST AVENUE
WHEREAS, Anchor Stone, who operates the existing quarry located east of the subject
property, submitted applications in 2015 and 2016 requesting to expand the quarry operations
westward into approximately 47 acres of agricultural land located in Tulsa County, with the City
of Owasso fenceline that were withdrawn prior to Board of Adjustment action; and,
WHEREAS, on October 6, 2015, the Owasso City Council adopted Resolution 2015 -20
expressly opposing any special exception to expand the quarry operations westward; and,
WHEREAS, Joseph Farris, representing Cummings Land and Cattle Company, LLC, has
submitted an application to the Tulsa County Board of Adjustment for a special exception to
permit mining and mineral processing on approximately 47 acres of property located at 14219 E
66}h Street North in an Agriculture (AG) zoned district; 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; and,
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 -2651.
APPROVED AND ADOPTED this the 7the day of November,
ATTEST:
�i
Lyn II DL/n, Mayor
Sherry Bishop, City Cle% '
<:±� �kCAHOOnP
VED AS TO FORM:
ie Trout Lombardi, City Attorney
NOTICE OF HEARING BEFORE THE BOARD OF ADJUSTMENT
COUNTY OF TULSA, OKLAHOMA
WIT-
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.
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ACTION REQUESTED: Special Exception to permit Minining and Mineral Proccesing in
an AG zoned District (Section 310).
LOCATION: 14219 E 66 ST N
PROPERTY LEGAL A Tract of Land that is part of the Southeast Quarter (SE /4) of Section 33, Township 21
DESCRIPTION: North, Range 14 East, of the Indian Base and Meridian in Tulsa County, State of
Oklahoma, and more particularly described as follows: beginning at the NE corner of the
SE /4; thence S 00 °00'30" E and along the E line of Said SE 14 1172.47 ft.; thence N
89 °29'57' W a distance of 1035.24 ft.; thence S 00 °34'19" W a distance of 407.68 ft.;
thence N 89 °50'50" W a distance of 99.79 ft.; thence S 01'21'52" W a distance of 28.51
ft.; thence 89 °59'13" W a distance of 596.09 ft.; thence N 00 °23'28" E a distance of
937.68 ft. to a point on the N line of the South Half of the NW /4 of the SE 14; thence N
89 °56'07" and along said N line a distance of 405.85 ft. to a point in the west line of the
East Half of the SEA; thence N 00 °02'37" E and along said west line a distance of
659.67 ft. to a point on the north line of the SE14; thence 89 °55'04" E and along said
north line a distance of 1322.90 ft. to the Point of Beginning.
PRESENT ZONING: AG
HEARING DATE: Tuesday, 11/14/2017 1:30 PM
The meeting will be held at: COUNTY COMMISSION MEETING ROOM (ROOM 338)
COUNTY ADMINISTRATION BUILDING
500 SOUTH DENVER AVENUE
TULSA, OKLAHOMA
CBOA Staff Contact: Nikita Moye at (918)579.9437/ nmoye(cVincog.orr, OR
Land Regulation Specialist at (918) 584 -7526/ esubmit(@incog.org
To view the submitted application visit: www. countvoftulsa- boa.orq /CBOAICBOA- 2651.pdf
REVISE01012512017
TULSA COUNTY BOARD OF ADJUSTMENT
INCOG — 2 West 2ntl Street Suite 800 - Tulsa, Oklahoma 74103 - (918) 584 -7526 www.COuQ4Oftul1a- 422.om
APPLICATION INFORMATION
RECEIVED BY: AC� DATE FILED: 10/12/17 HEARING DATE: 11/14/2017 1:30 PM CASE NUMBER: CBOA -265ri
[ I RESIDENTIAL [VI NON- RESIDENTIAL [ I COMBINATION RELATED APPLICATION NUMBER
REFERRAL CITIES:
SUBJECT PROPERTY INFORMATION
ADDRESS OR DESCRIPTIVE LOCATION: 14219 E 66 ST N
LEGAL DESCRIPTION: (email to boaO- incoo.oml See Attached,
PRESENT USE: Agriculture ZONING ATLAS: COMPREHENSIVE PLAN DESIGNATION:
CURRENT ZONING: AG PUD:
AREA PREVIOUS CASE NUMBERS: SUBJECT:
INFORMATION ABOUT YOUR REQUEST
PD: T -RS: 1433 CZM: 18 CD:
SURROUNDING:
A SITE PLAN IS REQUIRED TO ILLUSTRATE YOUR REQUEST.
ACTION(S) REQUESTED: Special Exception to permit Minining and Mineral Proccesing in an AG zoned
District (Section 310)
VARIANCE SECTIONS:
SPECIAL EXCEPTION SECTIONS:
LIST THE SPECIFIC SECTIONS OF THEZONING CODE THATAPPLY TO EACHACT /ON YOVREREQUESTING.
USE UNIT:
APPLICANT INFORMATION
PROPERTY OWNER INFORMATION
NAME: JOSepD Farris 1 ,
CUMMINGS LAND R CATTLE CO LLC
ADDRES SlJlte 900
ADDITIONAL REQUESTS
CITY, sT, zip Tulsa, OK 74103
14219 E 66TH ST N
DAYTIME PHONE 918 - 764 -3110
NEWSPAPER PUBLICATION
EMAIL ifarris etulsalaw er.com
OWASSO OK
I, THE UNDERSIGNED APPLICANT, CERTIFY THAT TH INFORMATION ON THIS APPLICATION IS TRUE AND CORRECT.
SIGNATURE & DATE: /G ` /'0 - '/ '%
DOES OWNER CONSENT T04HIS APPLICATION [yT [ IN. WHAT IS APPLICANT'S RELATIONSHIP TO OWNER? AND ro C
APPLICATION FEES
BASE REQUEST
$600
ADDITIONAL REQUESTS
$ 0
APPLICATION SUBTOTAL
$ 600
NEWSPAPER PUBLICATION
$ 80
300' PROPERTY OWNERS
MAILING POSTAGE
$45+$6=
$ 46
NOTICE SUBTOTAL
$125
[ I APPLICANT PROVIDED
AIL LIST
RECEIPT NUMBER aa9 g od
TOTAL AMOUNT DUE
$ 625
APPLICATION FEES IN WHOLE OR PART WILL NOT BE REFUNDED AFTER NOTIFICATION HAS BEEN GIVEN.
DISPOSITION
BOARD
FINAL DATE: VOTE: PLAT INVOKED [ I Y [ I N PLAT NAME: WAIVER[ [ Y [ IN
REVISED10/1Z2017
sd
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Warren Lehr
City Manager
SUBJECT: Resolution 2017 -19
Tulsa County Board of Adjustment Case CBOA -2651
DATE: November 3, 2017
BACKGROUND:
gppIT0V4F0 UyCOUNC
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Nov 0I 2017
The City of Owasso received notice of the upcoming Tulsa County Board of Adjustment case
CBOA -2651 requesting a Special Exception to permit mining and mineral processing in an AG
(Agricultural) District located at 14219 E 66 St N (north of the northwest corner of E 66 St N & N 145
E Ave). The hearing will be held November 14, 2017, 1:30, at the County Commission Meeting
Room, County Administration Building, 500 S Denver Ave, Tulsa, OK.
An existing quarry owned by Anchor Stone has been in operation to the east of the subject
properly for many years.
Anchor Stone has tried to expand the quarry in recent years, but was unsuccessful. Beginning in
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.).
Anchor Stone had applications in 2015 and 2016 that were withdrawn prior to Tulsa County
Board of Adjustment action.
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. This area would be allowed to fill with water
anticipating 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 property developers 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 Oklahoma State
Statues, a specific use permit "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 2017 -19, opposing the quarry expansion.
ATTACHMENTS:
Resolution 2017 -19
Tulsa County Board of Adjustment- Case Number CBOA -2651 and attachments
Area Map
Aerial Map
LEGAL DESCRIPTION
(QUARRY OPERATIONS)
A TRACT OF LAND THAT IS PART 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, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER
(SE /4) ; THENCE S 00 000130" E AND ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER (SE /4) A DISTANCE OF 1172.47 FEET; THENCE
N 89 029'52" W A DISTANCE OF 1035.24 FEET; THENCE S 00034'19" W A
DISTANCE OF 407.68 FEET; THENCE N 89 050'50" W A DISTANCE OF
99.79 FEET; THENCE S 01 °21'52" W A DISTANCE OF 28.51 FEET;
THENCE N 89 059'13" W A DISTANCE OF 596.09 FEET; THENCE
N 00 023'28" 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 (S /2 NW /4 SE /4); THENCE N 89 056'07" E AND ALONG SAID
NORTH LINE A DISTANCE OF 405.85 FEET TO A POINT ON THE WEST LINE
OF THE EAST HALF OF THE SOUTHEAST QUARTER (E /2 SE /4); THENCE
N 00 °02'37" E AND ALONG SAID WEST LINE A DISTANCE OF 659.67 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 2,048,703.32 SQUARE FEET / 47.032 ACRES.
THE BEARING BASE FOR SAID TRACT IS S 00 000130" 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.
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