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HomeMy WebLinkAbout2020.01.28_Board of Adjustment AgendaOWASSO BOARD OF ADJUSTMENT GXIY OF O_ W_ q�g\ i1 1 f \O OF THE TRPi <,9 January 28, 2020 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE RECEIVED OWASSO BOARD OF ADJUSTMENT JAN 2 3 2®2n TYPE OF MEETING: Regular Cify Clerk's Office DATE: January 28, 2020 TIME: 6:00 PM PLACE: City Hall Community Room, 200 South Main NOTICE FILED BY: Marsha Hensley TITLE: Assistant City Planner Notice of Regular Meeting filed in the office of the City Clerk on December 13, 2019, and the Agenda filed in the office of the Owasso City Clerk and posted at City Hall, 200 S Main (west side) at 11:00 AM on the 22nd day of January, 2020, Marsha Hensley, Assistant City Call to Order 2. Roll Call 3. Approval of Minutes from the April 23, 2019 Regular Meeting. 4. OBOA 20 -01 — Special Exception Request - Consideration and appropriate action related to a request for approval of a special exception to allow for the development of a convenience store, which is a prohibited use in the downtown overlay. The property is located at 502 East 2nd Avenue, Owasso, OK and is zoned CS (Commercial Shopping) District. 5. Report from Board of Adjustment Members 6. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 7. Adjournment The City of Owasso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone (918) -376- 1502 or by email to istevens@cityofowasso.com MEMBERS PRESENT Joe Ramey Jim Bausch Abhijeet Utturkar Dean Knoten OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, April 23, 2019 Old Central, 109 North Birch MEMBERS ABSENT Sherry Jacobs STAFF PRESENT Karl Fritschen Brian Dempster Marsha Hensley The meeting agenda was posted at the west entrance to City Hall on the 18th day of April, 2019 at 11:00 AM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the March 26, 2019 Regular Meeting - Mr. Bausch moved to approve the minutes of March 26, 2019 meeting, Mr. Utturkar seconded the motion to approve the minutes. AYE: Ramey, Bausch, Knoten, Utturkar NAY: None The motion carried 4 -0 BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA 19 -02 - Special Exception Request - Consideration and appropriate action related to a request for approval of a special exception to allow indoor automobile sales. The property is located at 7770 N Owasso Expressway, Suite # 150, Owasso, OK and is zoned PUD -02 /DM (Downtown Overlay) 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. The Chair opened the floor for public comments. The applicant was present to address any comments. Staff recommends approval of OBOA 19 -02, a special exception to allow for a for auto sales in the Downtown Overlay District with the following condition: 1. In no event shall any of the vehicles for sale be allowed to be placed outside the structure, except for test driving and detailing on a short term basis. A brief discussion was held regarding the proposed use. Mr. Utturkar moved to approve, Mr. Bausch seconded the motion to approve the Special Exception request for OBOA 19 -02, subject to the above condition. BOARD OF ADJUSTMENT April 23, 2019 Page 2 of 2 A vote on the motion was recorded as follows: AYE: Ramey, Bausch, Utturkar, Knoten NAY: None The motion carried 4 -0 5. Report from Board of Adjustment Members - Mr. Bausch asked how Staff keeps up with previous cases that have a certain time frame for business. Mr. Dempster explained that the Code Enforcement Officer and Staff keep up with the past Special Exceptions and the length of the business. If they see a problem the business owner is encouraged to correct the situation. 6. 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. Knoten moved for adjournment, seconded by Mr. Bausch. A vote on the motion was recorded as follows: AYE: Bausch, Ramey, Utturkar, Knoten NAY: None The motion was approved 4 -0 and the meeting was adjourned at 6:15 PM. Chair Vice Chair Date nnLe • REAL Chnmcter •REAL Community TO: The Owasso Board of Adjustment FROM: Karl A. Fritschen RLA, AICP, MRCP Planning Manager SUBJECT: OBOA 20 -01 - Special Exception - Convenience Store in the Downtown Overlay DATE: January 24, 2020 BACKGROUND: The Community Development Department received a request for a Special Exception to allow for a non - permitted use in the Downtown Overlay District. The subject property is located at 502 East 2nd Avenue (502 East 761h Street North). The front half of this property is unplatted, while the back half is platted as Lot Two (2), Block Two (2), Owasso Business Park. A Shell Gas Station with an accessory car wash and lube center formally operated at this location. The facility has been closed for nearly 3 years. The applicant is asking for a special exception from the Owasso Zoning Code (Chapter 10, "Overlay Dist(cts "; Section 10.10.4, "Prohibited Uses ") to allow for the development of a convenience store on the property, which is a prohibited use in the downtown overlay. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North PF (Public Facilities) School Administration Downtown Overlay City of Owasso Building South CS (Commercial Undeveloped Downtown Overlay City of Owasso Shopping) East CS (Commercial Restaurant Downtown Overlay City of Owasso Shopping) West CS (Commercial Restaurant Downtown Overlay City of Owasso Shopping) SUBJECT PROPERTY /PROJECT DATA: Property Slze 0.57 acres +/- Current Zoning CS (Commercial Shopping) Proposed Use Convenience Store Lots /Blocks Lot Two (2), Block Two (2), Owasso Business Park and a portion unplatted Overlay Yes; Downtown APPROVAL PROCESS: Section 4, Article XV in Appendix B of the Owasso Zoning Code reads: "The Owasso Board of Adjustment (BOA) shall hold the public hearing and may, upon the concurring vote of three (3) members, grant the special exception after finding that the special exception 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." "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." ANALYSIS: The subject property operated formerly as a Shell gas station with an accessory car wash and tube center. The facility became a non - conforming use upon adoption of the Downtown Overlay District in 2015 under Ordinance 1051, which prohibited gas stations and convenience stores. The facility has been closed for several years and remains vacant. The applicant proposes to raze the structures on the property, pull the existing fuel tanks, and construct a new Kum and Go convenience store. The applicant also states that the existing tanks, gas pumps and canopies will be removed at their existing Kum and Go facility located across the street at 307 East 2nd (307 East 76th Street North) and that this property will be vacated. Per Chapter 10, Section 10.10.4, Overlay Districts of the Zoning Code, Gas Stations and Convenience Stores are listed as prohibited uses in table] 0.4. There are two non - conforming facilities involved with this application, the existing Kum and Go facility and the vacant Shell gas station. This proposal eliminates one of the non - conforming uses altogether (existing Kum and Go site), while the other site where the vacant Shell station is located would be completely redeveloped with a new modern facility. The applicant proposes to develop the convenience store in such a way as to comply with the downtown overlay district in terms of design and function. The proposed building would face perpendicular to 76th Street with the north fagade having a store entrance and patio space, which would be in keeping with the goals of the Overlay in creating spaces that are more pedestrian in scale and less auto centric. Landscaping would be introduced, where none exists now. Further the proposed conceptual design indicates that one of the driveway cuts on 76th Street would be eliminated. The concept plan also indicates that the non - conforming fifty foot (50') pole sign that is currently on the subject property would be replaced with a smaller six foot (6') monument style sign. Staff will make removal of the pole sign a condition of approval of this Special Exception. Since this use is listed as a non - permitted use in the Overlay it would not be eligible for the TIE benefits; however, the City will essentially receive a windfall, as the improvement to the property will benefit the entire TIF District in terms of an increase in property valuations which benefits the entire District. While the zoning code cites a convenience store and gas station as a non - permitted use in the District, the proposed facility will be developed with their Fresh Market concept, which introduces more grocery options. Presently there is only a Dollar General in the Downtown District that offers limited groceries. The intent of the Special Exception process is to ensure a proposed use or structure will be in harmony with the spirit and intent of the Zoning Code, and that it will not be injurious to the neighborhood or otherwise detrimental to the public welfare. When the Downtown Overlay District was adopted, several uses were identified that could be injurious to the goals and intent of the Overlay. These uses were prohibited in the Downtown Overlay, and were listed in Table 10.4. Gas Stations and Convenience stores were included in this list because they are not pedestrian in scale and incompatible with residential and mixed uses. Additionally, they can be perceived as having a negative aesthetic quality, and are counter the walkable mixed use environment that the Downtown Overlay District seeks to achieve. However, the location of the subject property lies at the far eastern edge of the Downtown Overlay District, and is somewhat removed from the core of the District to the west and is not far from the US -169 interchange. This area of the Downtown District which consists of higher intensity uses, has a much different context than just a few blocks to the west. In short, this property is unique in its location and the existing land uses found there. The site has been vacant for nearly 3 years and the applicant is proposing to turn the property into an economically viable piece of property. Another item that should be considered when evaluating this case is the issue with the property itself. Presently there are underground storage tanks on both properties involved with this case. Redevelopment of either of these properties involves removal of these tanks, which must comply with the requirements of the Oklahoma Corporation Commission, Petroleum Storage Tank Division (PSTD). The removal process can be expensive for a smaller developer. Kum and Go, who intends to open this store, has extensive experience in tank removal and replacement as one of their products is the sale of petroleum. Given this, the site becomes more challenging for a developer who may not have experience and the financial resources to remove the tanks and redevelop the site for another use. As presented, this proposal will actually make the current Kum and Go location more attractive for redevelopment, as the applicant proposes to remove the tanks completely, which essentially eliminates a major hindrance on that property. In summary, this case is unique in many respects. The site is located in more intense area of the Downtown Overlay District than other areas closer to Main Street. The property has been sitting dormant for nearly 3 years and the expense of removing the underground tanks and existing structures limits the pool of developers who could redevelop the site. Given this, the property could sit empty for many more years, yielding no benefits to the community and continuing to be an eyesore. The applicant proposes to redevelop this property with a brand new modern store that will have a grocery component, which will yield positive economic benefits to the community. Regarding the old Kum and Go facility, the tanks, canopy, and gas pumps will be removed, which makes this site easier to redevelop. The conceptual design indicates that the structure will be built in a way that supports the goals of the Downtown Overlay District, in creating more pedestrian inviting spaces and the site will be fully landscaped, where none currently exists. The excessively tall sign will be removed and replaced with a smaller monument sign, more in keeping with signage design requirements in the in the Downtown Overlay District. Finally, one of the driveway cuts along 76th Street North would be removed. Staff supports this project and believes it could be a win -win for both the City and Applicant. Staff does not believe that the proposed use will be a detriment to the area or adjoining properties and may in fact spur additional redevelopment. The applicant has made an effort to ensure the spirt of the zoning code is maintained. Letters containing notification of this case were mailed to all property owners within three hundred (300) feet of the subject property and notification was posted in the Owasso Reporter in accordance with Oklahoma State Statute. As of the date of this memo, staff has received no responses regarding the request. RECOMMENDATION: Staff recommends approval of OBOA 20 -01, a Special Exception to allow for convenience store auto sales in the Downtown Overlay District with the following condition: 1. The entire property must be platted in accordance with the Owasso Subdivision Regulations. 2. The pole sign in the southeast corner of the property shall be removed 3. The sign along 761h Street North shall be removed and replaced with a six foot (6') monument sign as indicated on the concept plan. 4. The existing Kum and Go facility shall be made ready for redevelopment as described within this memo and shall not re -open as a convenience store or gas station. 5. The concept plan attached herein, shall guide the development of the new Kum and Go store ATTACHMENTS: Aerial Map Zoning Map Concept Plan Rim - ' ✓ , ,,' /L' 'l ' a ��® ✓,�r RSm3 E3ST { fi, IT 1 1 E,2 / LZI kEST N IL 9® ® 4 g CS ca '' a' 169 - r lL 3/ A/1 % /+ r ('� u)AX 2`.. 4 CS ' (z —� - 5 v Sub"I ectTract q A W t - E ®zav --- " ✓ —E-756th-ST Z-/4/Z,/ r t�VE y (..l Wf33✓AVE ✓ E3A 0/ ,✓ CH As AG E��4 AVEr�� 169 P W IL AQ Q P IL h E5AVE Z LEGEND Q 0 Owasso Corporate Limits �y 1 PUD -475A N % Subject 0 100 20o 400 C � 300' Radius Tracf OBOA 20 -09 I Feet 1 I 3121-14