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HomeMy WebLinkAbout2018.02.27_Board Of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT O� 1' OWgsso 1 �O OF THE TRPi February 27, 2018 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: Regular February 27, 2018 6:00 PM Old Central, 109 N Birch NOTICE FILED BY: Marsha Hensley TITLE: 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 11:00 AM on the 22 "d day of February, 2018. `A-�\ at "­_- ����' Marsha Hensley, Assistant City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, February 27, 2018, 6:00 PM Old Central, 109 N Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the September 26, 2017 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 18 -01 — Variance & Snecial Exception Request - Attic Storage - Consideration and appropriate action related to a request for approval of a variance to allow for the use of gravel in -lieu of asphalt or concrete for RV/boat storage. The request for approval of a special exception is to allow for the expansion of an existing non - conforming use (Attic Storage of Owasso). The property is located at 11500 E 80th St N, Owasso, OK and is zoned CS (Commercial Shopping). This item will require two (2) separate actions, one for the Special Exception and one for the Variance. Report from Community Development Director 6. Report from Board of Adjustment Members 7. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) Adjournment MEMBERS PRESENT Joe Ramey Jim Bausch Dean Knoten Abhijeet Utturkar Sherry Jacobs OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, September 26, 2017 Old Central, 109 North Birch MEMBERS ABSENT STAFFPRESENT Karl Fritschen Bronce Stephenson Julie Lombardi Marsha Hensley The meeting agenda was posted at the west entrance to City Hall on the 20t" day of September, 2017 at 2:00 PM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the August 22 2017 Regular Meeting - Mr. Knoten moved to approve the minutes of August 22, 2017 meeting, Mr. Utturkar seconded the motion to approve the minutes. AYE: Knoten, Ramey, Utturkar, Bausch ABSTAIN: Jacobs NAY: None The motion carried 4 -0 BOARD OF ADJUSTMENT PUBLIC HEARING 6. 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. Karl Fritschen presented the item and described the property location. Letters were mailed to property owners within 300' of the subject property and the request was advertised in the Owasso Reporter. Staff received no objections concerning OBOA 17 -06. The Chair opened the floor for public comments. The applicant was present to answer any questions and asked to make a brief presentation. Mr. Johnson stated that bids are being submitted for the paving of the gravel lot. Mr. Knoten wanted it to be noted that Mr. and Mrs. Johnson are clients of his wife's company. BOARD OF ADJUSTMENT September 26, 2017 Page 2 of 3 Staff recommends approval of OBOA 17 -06 with the following conditions: 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. 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) 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). After brief discussion, Mr. Ramey moved to approve, Mr. Bausch seconded the motion to approve OBOA 17 -06, subject to the above conditions. A vote on the motion was recorded as follows: AYE: Jacobs, Knoten, Ramey, Bausch, Utturkar NAY: None The motion carried 5 -0 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) Adjournment— Mr. Ramey moved for adjournment, seconded by Mr. Bausch. A vote on the motion was recorded as follows: AYE: Jacobs, Bausch, Knoten, Ramey, Utturkar NAY: None The motion was approved 5 -0 and the meeting was adjourned at 6:25 PM. BOARD OF ADJUSTMENT September 26, 2017 Page 3 of 3 Chair Vice Chair Date I Raal mo, aal CharaUat•ftoal Communlly TO: Owasso Board of Adjustment FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: OBOA 18 -01 - Hard Surface Parking Lot Variance and Special Exception Request Attic Storage - 11500 E 801h St N DATE: February 23, 2018 BACKGROUND: The City of Owasso received a request for a Variance and a Special Exception for property, located at 1 1500 E 80th St N. The property is south of the current Attic Storage facility. The action requested from the Board is two parts: one is for a Variance from the requirement for hard surface parking and the second is for a Special Exception to allow for the expansion of an existing non - conforming use. Specifically, the Variance request is to allow for the use of gravel in -lieu of the asphalt or concrete required by the Owasso Zoning Code for a centralized area for RV and boat storage. The Special Exception request is to allow for the expansion of Attic Storage, which is an existing non - conforming use. The present parking surface is already gravel, as it was used for many years as a lumber material storage yard as part of Mill Creek Lumber's operations. The subject property is now owned by the Attic Storage facility, which is hoping to expand. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North CS (Commercial Shopping) Commercial/ Commercial City of Owasso Retail South CS (Commercial Shopping) Commercial/ Commercial City of Owasso Retail East RS -3 (Residential Single- Residential Residential City of Owasso Family High Density) West CG (Commercial General) Vacant/ Commercial City of Owasso Former Lumber Yard SUBJECT PROPERTY /PROJECT DATA: 6.3 Acres IRS, of Owasso SPECIAL EXCEPTION APPROVAL PROCESS: According to the Owasso Zoning Code, a Special Exception may be approved by the Board of Adjustment under the following circumstances: "A non - conforming use of a building or of a building and land in combination, when located within a district other than a Residential District, may, as a Special Exception, be changed upon approval of the Board of Adjustment after finding that the proposed use will not result in any increase of incompatibility with the present and future use of proximate properties." The Board of Adjustment shall hold a public hearing and, upon the concurring vote of at least three members, may grant the Special Exception after finding that the Special Exception will be in harmony with the spirit and intent of the Zoning Code and would not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided that the Board, in granting a Special Exception, shall prescribe appropriate conditions and safeguards and may require such evidence and guarantee or bonds as it may deem necessary to enforce compliance with the conditions attached. VARIANCE APPROVAL PROCESS: A Variance from the terms, standards, and criteria that pertain to an allowed use category within a zoning district as authorized by the Owasso Zoning Code may be granted, in whole, in part, or upon redsonable conditions as provided in State Statutes and the Owasso Zoning Code only upon a finding by the Board of Adjustment that: I . 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; 3. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Code or the GrOwasso 2030 Land Use Master 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: Special Exception Request: The applicant has filed a Special Exception request to allow for the expansion of an existing self - storage facility onto property zoned CS (Commercial Shopping). For many years, Mill Creek Lumber operated a lumber yard on this property, which was a non - conforming use. The underlying zoning on the property is CS, but lumberyards are not permitted by right within the CS zoning district. Attic Storage, a self- storage facility immediately to the north of the subject property, has been operating as a non - conforming use as well because it is also zoned CS. The proposed expansion of Attic Storage onto the former Mill Creek Lumber lot would be on property zoned CS and as such, would be non - conforming. Self- storage facilities under the current Zoning Code are not allowed in CS districts. The reasoning behind keeping self- storage and other storage type uses out of CS districts was to avoid taking prime frontage property away from land uses that may need better visibility in order to thrive. An analysis of the area reveals that the subject property is not highly visible as it is located behind what will be eventually developed with a higher intensity commercial use. A key consideration when evaluating an expansion of a non - conforming use is whether there will be a detrimental impact on the surrounding area. Because the property is now owned by the same entity as the Attic Storage property, expanding the present use would not introduce a drastically different use into this area. The proposed expansion of the storage area onto the subject property actually may serve to benefit the adjoining residential neighbors. The former use of the property as a lumber storage yard meant the presence of heavy trucks, dust, and noise. When the permanent structures are built, a landscape buffer will be required to further protect the single - family residential neighborhood. Providing a secure location for RV and boat storage can also serve the residents of the community, as it offers a safe place to store such vehicles as opposed to placing them in yards, in driveways or on the street, where they can become Code Enforcement issues. Staff feels that this request is reasonable as it will not cause a detriment to the area. It may in fact offer an improvement over the former use of the property. Additionally, RV and boat storage is needed in Owasso, and the demand is growing as more and more as neighborhood HOA's are disallowing them to be parked on individual properties. If the Board approves the Variance, Staff recommends some additional conditions be added as part of the approval. Variance Request. 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." The Variance request submitted by the applicant is for temporary relief from this hard surface parking requirement for commercial development. A Site Plan has been submitted with this request illustrating the applicant's future intentions for the property. According to the Site Plan, the applicant hopes to expand the storage facility onto this property in several phases. The first phase proposes to use the center portion of the site for RV and boat parking on a gravel surface and installation of up to five (5) new storage buildings, including the westernmost building noted as building "Z" on the Site Plan. Included with the first phase would be a hard surface road surrounding the proposed center graveled area where the RV and boat storage would be placed. The expansion project would also include paving the driveway out to the N Owasso Expressway service road (N 115th E Ave). The applicant indicated that the first phase may take up to one (1) year to complete, pending approval of plans. The applicant indicated in his submittal packet that the gravel area will eventually be developed with permanent storage buildings or will remain for RV and boat storage. At this time, the applicant is not entirely sure of the public's demand for specific storage needs and therefore is considering either option. Regardless, the applicant stated that he would pave the gravel RV and boat storage area within a period of four (4) years if additional storage buildings are not built in this location at that time. If additional structures are built in the R/V and boat storage area, they will be required to pave the surface as per code requirements. In most situations where a lot is zoned either commercial or industrial, it is assumed that a permanent structure will be built and a hard surface for parking and drive aisles will be installed for customers and employees. The primary reason behind the hard surface parking requirement in commercially zoned sites is to control dust and provide a clean, mud -free surface on which to park. In this case, the applicant is requesting to use a smaller portion of. the current gravel 3 surface temporarily for vehicle storage (RV and boats, etc.) until such time as permanent buildings are constructed or at the end of a four (4) year period, whichever comes first. 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 against the proposed Variance request, Staff has made the following findings for each of the listed criteria: 1. The application of the ordinance to the particular piece of property would create an unnecessary hardship. Strict application of the Zoning 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 on which to park. In this case, the gravel surface would be temporary in nature. The gravel area is centrally located on the property and has existed for many years. Because of the uncertainty of how the RV and boat storage area will ultimately be developed, requiring a hard surface at this time only for it to potentially be removed in a few years could be construed as an unnecessary hardship. The gravel surface could be used for a maximum of four (4) years and would eventually be converted to a hard surface. Ultimately, the entire property would be paved, meeting Zoning Code requirements. 2. Such conditions are peculiar to the particular piece of property involved. According to the ALTA survey, the area in question contained gravel surface as part of the lumber yard operations, and the gravel surface has remained even after the property was split apart and sold off to different owners. The use of the gravel is not proposed to change as it will simply be used for storage similar to the way the lumber yard used it, albeit at a smaller scale. The aforementioned reasons are conditions somewhat peculiar to this property and the situation involved. 3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the Comprehensive Plan. If relief were granted, 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 GrOwasso 2030 Land Use Master Plan calls this area out for Commercial uses. The Variance request, if approved, would not change the use to something that is inconsistent with the Land Use Master Plan. Utilizing the present gravel surface for RV and boat storage (as opposed to heavy equipment, lumber, and trucks) is a less intense land use and would not have the same negative impact to the surrounding properties. The property is zoned CS (Commercial Shopping), but does not lend itself well for retail type uses as it is somewhat hidden and isolated. 4. The Variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship. Utilizing a smaller area of the existing larger gravel surface for RV and boat storage for the reasons outlined above appears to be the minimum necessary to alleviate the hardship. Considering there are still some unknowns regarding the future development of this property, requiring a hard surface parking lot for this centralized area would be overly burdensome and unnecessary at this time. Additionally, the owner has voluntary imposed a sunset on the use of the gravel for a four (4) year period. In conclusion, Staff finds that this particular Variance request meets the four (4) criteria outlined in 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 on February 14, 2018. As of the writing of this report, Staff has not received any calls from citizens concerning this case. J RECOMMENDATION: OBOA 18 -01 requires two (2) separate actions: one for the Special Exception and one for the Variance. Action on the Special Exception shall occur first and then action the Variance request. Considering this, Staff recommends approval of OBOA 18 -01 as follows: Special Exception Request: Staff recommends approval of the Special Exception with the following conditions: 1. All requirements outlined in the Owasso Zoning Code regarding Site Plans, engineering design, landscaping, and building codes shall be adhered to with each phase of development. 2. Any signage shall adhere to the Owasso Zoning Code and be secured through a sign permit. 3. A Lighting Plan shall be submitted for review and approval. 4. The plans for Phase 1 shall be submitted one (1) year after the date of approval by the Board. 5. The westernmost structure (building "Z ") shall be built during Phase 1, and the back side of the structure shall be an EIPs material or split face block. 6. Landscaping along the eastern edge of the property shall be installed during Phase 1 of the project or within two (2) years of the date of approval by the Board. Variance Request: Staff recommends approval of the Variance with the following condition: 1. The area shown for the RV and boat storage shall be paved within four (4) years if this area is not developed with buildings. ATTACHMENTS: Aerial Map Zoning Map Land Use Plan Map Supplemental Document from the Applicant Variance\Speciai I" = 376 ft 0210612 Exception (318 This map represents a visual display of related geographic information. Data provided hereon Is not guarantee of actual field conditions. To be sure ofcompiete accuracy, please contact Ov<<asso Public staff forthe most up -to -date information. low, STM-0013 Zoning LEGEND Land Use Categories = 0cn¢n -Miad [r,+==VRcpDnoO Emloymont Nni ghbab md W, =d U rr Flight Off= Ccmercial FT*Dp�rq. 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I . „r n TH ELEVATION - Z O to Z Q 1 x W O N Q I O LL O c� 0 Q O O Y N O U O N Q o 61.2 MAW z O M $ - - - -- - .. - - - - - -- t -- - - -- -- ------- -- -- - z ON 1 FLOOR PLAN - BUILDING Y 2 NORTH ELEVATION - BUILDING Y Q O LL W C7 i O fx O r _ - ______ N 3 EAST -VI - BUILDING Y 4 WEST TELEVATION - BUILDING Y 5 SOU TH ELEVATION - BUILDING Y U o Q o 7 Hernl PSSO<ILS Al .3 APPLICATION FOR SPECIAL EXCEPTION / VARIANCE OBOA 18- U\ 1111111 1111111 qpll�llllll= APPROXIMATELY 6.3 ACRES 11500 E. 80TH STREET NORTH OWASSO, OKLAHOMA R 14 E FEBRUARY 2018 Location Map T S[d..1 = NORTH OWNER: T ATTIC- OWASSO, LLC & ATTIC STORAGE OF OWASSO, INC. 21 11500 E. 80TH STREET NORTH OWASSO, OK 74055 N ATTICOFOWASSO @SBCGLOBAL.NET APPLICANT I CONSULTANT: jANNER CONSULTING LLC it X19 "_x t.Ei �823�L�1S A � TULSA, OK 7410 F 6� I AITSHORCOM TABLE OF CONTENTS I. PROPERTY DESCRIPTION ......................................................................... ............................... 2 II. PROJECT CONCEPT .................................................................................... ............................... 4 EXHIBIT LIST: Exhibit A: Aerial Photography & Boundary Depiction .................................... ............................... 6 Exhibit B: Conceptual Site Plan .................................................................. ............................... 7 111. TESTS AND STANDARDS FOR GRANTING SPECIAL EXCEPTION ....... ............................... 8 IV. TESTS AND STANDARDS FOR GRANTING VARIANCE ........................... ............................... 9 I OBOA 18- TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 FEBRUARY 2018 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 I. PROPERTY DESCRIPTION The subject property consists of 6.3 acres located at 11500 E. 80th Street North in the City of Owasso, Oklahoma, and is more particularly described within the following statement: TRACT 1A(1)b A TRACT OF LAND THAT IS A PART OF LOT ONE (1), BLOCK NINETEEN (19), ELM CREEK ESTATES FIRST ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY ESCRIBED AS FOLLOWS: BEGINNING AT SOUTHWEST CORNER OF SAID BLOCK 19; THENCE NORTH 15 °31'05" WEST ALONG THE EASTERLY RIGHT -OF -WAY LINE OF THE MINGO VALLEY EXPRESSWAYAND THE WESTERLY LINE OF SAID BLOCK 19 FOR 51.91 FEET; THENCE SOUTH 89 °54'32" EAST PARALLEL WITH AND 50.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID BLOCK 19 FOR 438.18 FEET; THENCE DUE SOUTH FOR 50.00 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID BLOCK 19; THENCE NORTH 8954'32" WEST ALONG THE SOUTHERLY LINE OF SAID BLOCK 19 FOR 424.29 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND. SAID TRACT OF LAND CONTAINING 0.495 ACRES MORE OR LESS. AND ALSO TRACT 1A(2) THE EASTERLY 49.00 FEET OF A TRACT OF LAND THAT IS A PART OF LOT ONE (1), BLOCK NINETEEN (19), ELM CREEK ESTATES FIRST ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID BLOCK 19, 418.83 FEET WESTERLY OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH 89 °54'32" WEST ALONG THE SOUTHERLY LINE OF SAID BLOCK 19 FOR 473.29 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF THE MINGO VALLEY EXPRESSWAY AND SOUTHWEST CORNER OF SAID BLOCK 19; THENCE NORTH 15 031'05" WEST ALONG THE EASTERLY RIGHT -OF -WAY LINE OF THE MINGO VALLEY EXPRESSWAY AND THE WESTERLY LINE OF SAID BLOCK 19 FOR A DISTANCE OF 171.15 FEET; THENCE NORTH 09 °11'00" WEST CONTINUING ALONG THE EASTERLY RIGHT -OF -WAY LINE OF THE MINGO VALLEY EXPRESSWAY AND THE WESTERLY LINE OF SAID BLOCK 19 FOR 155.26 FEET TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, ELM CREEK CLINIC, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE SOUTH 89 °54'32" EAST FOR 543.86 FEET; THENCE DUE SOUTH FOR 318.18 FEETTO THE POINT OF BEGINNING OF SAID TRACT OF LAND. SAID TRACT OF LAND CONTAINING 0.358 ACRES MORE OR LESS. AND ALSO OBOA 18- TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 FEBRUARY -2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 TRACTI B A TRACT OF LAND THAT IS A PART OF LOT ONE (1), BLOCK NINETEEN (19), ELM CREEK ESTATES FIRST ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNINGAT THE SOUTHEAST CORNER OF SAID BLOCK 19, THENCE NORTH 89 °54'32" WEST ALONG THE SOUTHERLY LINE OF SAID BLOCK 19 FOR 418.83 FEET; THENCE DUE NORTH A DISTANCE OF 318.18 FEET; THENCE SOUTH 89 °54'32" EAST FOR 418.83 FEET TO A POINT ON THE EASTERLY LINE OF SAID BLOCK 19; THENCE DUE SOUTH ALONG THE EASTERLY OF SAID BLOCK 19 FOR 318.18 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND. :9t 1 I � i I: L T o 0416111 /:1 I I I Ilk [ e X? (� 7.X LT y: 1 M9 � L[� 7 :7 :901 [ a I *1i AND ALSO TRACT1 C A TRACT OF LAND THAT IS THE EAST 337.88 FEET, LESS AND EXCEPT THE SOUTH 318.18 FEET THEREOF, OF LOT ONE (1), BLOCK NINETEEN (19), ELM CREEK ESTATES FIRST ADDITION, A SUBDIVISION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED[PLAT]THEREOF, SAID TRACT OF LAND CONTAINING 2.369 ACRES MORE OR LESS. The above described property will hereinafter be referred to as the "Site" or "Subject Property" and is depicted on Exhibit A, "Aerial Photography & Boundary Depiction." OBOA 18 -_ TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 FEBRUARY 2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 II. PROJECT CONCEPT Attic Storage of Owasso, a self- storage business at 11500 E. 80th Street North, was constructed in phases between 1996 and 2002, per Tulsa County Assessor's parcel records. In 2016, Attic Storage of Owasso acquired portions of the former Mill Creek Lumber property at 7801 N. Owasso Expressway (the "expansion tracts "), and subsequently combined the acquired parcels with the easterly tract of the Attic Storage of Owasso site by Lot Tie Restriction filed of record pursuant to series of Lot -Split and Lot - Combination applications approved by the City of Owasso. The expansion tracts were acquired with the future intent to develop additional self- storage buildings. In the meantime, the existing gravel laydown yard used by Mill Creek is being used for RV storage, which the owner was informed is not currently zoned for same when applying for a sign permit in 2017. Previously permitted in the existing CS Commercial Shopping Center District, self- storage uses began requiring CG zoning and approval of a Specific Use Permit approximately 10 years ago, per City Staff. Attic Storage of Owasso, at that point, became legally nonconforming in the CS district. The lumber yard business, likewise, was nonconforming in the CS district for the expansion tracts area. Therefore, we are requesting a Special Exception per Owasso Zoning Code Section 1020.E (use of buildings and land in combination) to permit the change in use in the CS district from nonconforming lumber yard to mini- storage business and the expansion of the existing nonconforming mini - storage into undeveloped portions of subject property. Attic Storage of Owasso has engaged architects and civil engineers to design the expansion development, including five (5) self- storage buildings in the first phase and an additional one (1) to three (3) in the second phase. Exhibit B, attached, is a conceptual site plan reflecting proposed improvements contemplated during the first and second phases. Specifics as to numbers of buildings and which buildings will compose the phases may change, but building "Z" (the westernmost) will be included in the first phase. The expansion project will include extending a driveway within the 50' -wide "panhandle" piece extending to the Owasso Expressway service road (N. 11511 E. Ave.). The expansion project will also include addressing stormwater needs, grading and paving design, waterline extension and fire hydrant installation, and other civil engineering as may be required, and the erection of a screening fence and landscaping to buffer the commercial site from the existing single - family neighborhood to the east. Until such time as the site is designed, permitted, developed, and paved with the first expansion phase, which may take several months to approximately one (1) year, Attic Storage of Owasso desires to continue to use the existing gravel for storage of RVs. Further, the first phase site plan contemplates the central area developed with RV canopies on the existing gravel (which may be supplemented with additional gravel), which continued use will require a temporary Variance from the hard surfacing requirements of Chapter 9 of the Owasso Zoning Code. This central area may be developed with additional buildings and paving in the second phase, or a third phase, which is anticipated within four (4) years in either case. If this central area is not ready for additional storage buildings within four (4) years, Attic Storage of Owasso agrees chip and seal the area. The northerly portion of the subject property is developed with the easterly portions of the Attic Storage of Owasso business, and the southerly portions (expansion tracts area) is primarily vacant with a cellular tower and related equipment building and improvements. The site is zoned CS, with the exception of the panhandle area, which is zoned CG Commercial General District. The surrounding area contains a mix of zoning districts and land uses. Abutting to the west and south are several commercial uses fronting the OBOA 18- TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 FEBRUARY 2018 5323 S LEWIS AVE, TULSA, OK 741051 918.745.9929 Owasso Expressway and 7611 St. N. zoned CS and CG. Across 8011 St. N. to the north are commercial, industrial, and multifamily uses zoned CS, IL, and RM -2, respectively. To the east are single - family residential uses in Elm Creek Estates zoned RS -3. The Exhibit AAerial Photography & Boundary Depiction reflects the subject property and surrounding areas. Section III of this narrative explains how the requested Special Exception for the expansion of the self- storage business 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, and thus meets the tests and standards for same under State Statutes and the Owasso Zoning Code. The existing gravel surfacing for the RV storage area is prohibited by Zoning Code Section 9.1.3, and other Zoning Code regulations may also prohibit same. Section IV of this narrative explains how the requested temporary Variance from paved parking requirement meets the tests and standards for same under State Statutes and the Owasso Zoning Code. b7 OBOA 18 -_ TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 FEBRUARY 2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 EXHIBIT A AERIAL PHOTOGRAPHY & BOUNDARY DEPICTION 6 OBOA 18_ TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 • FEBRUARY 2018 5323 S LEWIS AVE, TULSA, OK 74105 1918.745.9929 NORTH dw EXHIBIT B CONCEPTUAL SITE PLAN 7 • OBOA 18 TANNER CONSULTING LLC, CERTIFICATE OFAUTHORIZATION NO. CA 2661 FEBRUARY 2018 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 NORTH III. TESTS AND STANDARDS FOR GRANTING SPECIAL EXCEPTION Compared to a lumber laydown yard, the proposed self- storage use will provide a better buffer and transitional use between the commercial uses fronting the Owasso Expressway and single - family residential in Elm Creek Estates. Self- storage uses are widely recognized as being a low- intensity use, by virtue of have significantly lower trip generation, noise, lighting, security needs, and height profiles than other commercial uses customarily occupying the same areas. The current Attic Storage of Owasso has fulfilled the role of buffer and transitional use for the years since it was constructed, and the expansion area will continue this function to the south. Principally recognizing the other uses which are permitted by right in the CS district which would represent a higher intensity of use and greater impact to the adjoining neighborhood to the east, and for all the other reasons outline above, we believe that the requested Special Exception for the expansion of the self - storage business 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, and thus meets the tests and standards for same under State Statutes and the Owasso Zoning Code OBOA 18 -_ TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 FEBRUARY 2018 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929 IV. TESTS AND STANDARDS FOR GRANTING VARIANCE As stated above, the first phase site plan contemplates the central area developed with RV canopies on the gravel existing since used as a lumber laydown yard (but which may be supplemented with additional gravel), which central area may be developed with additional buildings and paving in the second phase, or a third phase, which is anticipated within four (4) years in either case. This use of gravel for up to four (4) years will require a temporary Variance from the hard surfacing requirements of Chapter 9 of the Owasso Zoning Code. If this central area is not ready for additional storage buildings within four (4) years, Attic Storage of Owasso will chip and seal the area. Site development will require clearing and grading, and paving surfaces will need to be carefully designed to match buildings and balance same with drainage needs. Requiring storage areas be paved today would result in an unnecessary hardship, as such would represent an unnecessary expense to design and construct, which expense will be lost upon removal for the construction of the future potential development, and the cost to remove paving greatly exceeds that of gravel. Per an ALTA survey, except for the entrance driveway and parking serving the previous lumber yard, the expansion tracts area is covered in gravel. This inherited condition is peculiar to the subject property and not generally applicable to other tracts in the same zoning district or otherwise similarly situated. The paving requirement of the Owasso Zoning Code, and of other zoning regulations generally, was likely primarily designed to prevent the generation of dust from regular use at high speeds in dry conditions. In one passage, the Owasso Zoning Code defines paving in terms of being dust free. The central RV storage area will be served by paving, and only the RV storage /parking area itself will remain gravel. Further, the storage /parking area will not be as heavily trafficked as a customary commercial parking lot, and may see traffic comparable to the previous lumber laydown yard. Its position encircled by paving, together with canopies and the necessity of maintaining the cleanliness of the stored RVs, will ensure dust free conditions. The Comprehensive Plan does not appear to address the matter of parking surfacing. Finally, the Variance requested is temporary, and the gravel surfacing will be removed when the site is developed with permanent buildings. In furtherance of the temporary nature of the Variance requested, the owner agrees that the Variance shall expire the sooner of (a) the construction and occupancy of a building or buildings pursuant to the issuance of a building permit for the area containing the gravel RV storage area or (b) four (4) years from the date of Variance approval; otherwise, the area will be chip and sealed until construction of permanent buildings occurs. The Variance requested is qualitative, and not quantitative in nature, but in any event, a temporary Variance utilizing gravel surfacing should be recognized as the minimum necessary to alleviate the unnecessary hardship. For all the reasons above, we believe that, (1) application of the zoning ordinance requirements to the subject property will create unnecessary hardship, (2) there are conditions peculiar to the subject property that do not apply to other properties in the same zoning district, (3) that the Variance requested is the minimum necessary to alleviate the unnecessary hardship, (4) that the Variance to be granted will not cause substantial detriment to the public good or impair the purposes or intent of the Zoning Code or the Comprehensive Plan. OBOA 18- TANNER CONSULTING LLC, CERTIFICATE OF AUTHORIZATION NO. CA 2661 FEBRUARY 2018 5323 S LEWIS AVE, TULSA, OK 74105 1 918.745.9929