HomeMy WebLinkAbout2004.10.26_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO BOARD OF ADJUSTMENT
TYPE OF MEETING:
Regular
DATE:
October 26, 2004
TITHE:
6:00 PM
PLACE: Owasso Old Central, 109 N. Birch
NOTICE FILED BY: Duane Cuthbertson
TITLE: City Planner
Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 12:00 PM on the
19`h day of October, 2004.
v
Duane Cuthbertson
City Planner
OWASSO BOARD OF ADJUSTMENT
Tuesday, October 26,2004,6:00 PM
Owasso Old Central, 109 N. Birch
AGENDA
Call to Order
2. Roll Call
Approval of Minutes from the September 28, 2004 Regular Meeting.
BOARD OF ADJUSTMENT PUBLIC HEARING
4. OBOA 04-19 — A request for a Variance to allow 20' front yard setbacks and 15' rear yard setbacks
on proposed duplex lots in a proposed subdivision located at the northwest corner of N. 129'" E.
Ave. and E. 66'h St. N.
OBOA 04-20 — A request for a Special Exception to allow Use Unit #2 (Areawide Special
Exception Uses) or a rifle and skeet range on property zoned AG (Agricultural District) located
south of the intersection of 5'h Ave. and S. Main St.; south of the City wastewater treatment plant.
6. Other Business
Adjournment
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OBOA — 04 -20
STAFF REPORT
BACKGROUND
The City of Owasso is requesting a Special Exception of the Owasso Zoning Code,
Section 310, Principal Uses Permitted in Agricultural District, to allow Use Unit 2
(Areawide Special Exception Uses) or a Rifle and Skeet Range on property zoned AG
(Agricultural District). The police firing range was recently closed to allow for a
reconfiguration of the site. As the City wishes to improve the existing police firing range
it is requesting the appropriate permitting.
HEARING DATE: October 26, 2004
LOCATION
The subject property is located immediately south of the City water treatment plant; south
of the intersection of 5a' Ave. and Main St. A general area map is attached for your
review.
EXISTING LAND USE
The property is laid out as a professional firing range.
SURROUNDING LAND USE
The City water treatment plant occupies the property to the north.
south, east, and west are vacant. Furthermore, the properties
property) to the south, east, and west are inside the floodplain.
PRESENT ZONING
AG (Agricultural District)
SURROUNDING ZONING
The properties to the
(including the subject
North: IL — Light Industrial District
South, east, and west properties are all zoned AG (Agricultural District)
APPLICABLE REGULATIONS
• Owasso Zoning Code, Section 310 — Principal Uses Permitted in Agricultural
Districts
According to the Owasso Zoning Code, the Board of Adjustment may grant a 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. 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.
SITE SPECIFIC HISTORY
The property has been utilized as the Owasso Police Department's firing range since
1990.
ANALYSIS
The City of Owasso police department has operated a firing range on the subject property
for over a decade and has determined that the range's current configuration is in need of a
redesign so that it can be current with the prevailing range standards. The new design
calls for a taller containment berm and up -shot shelters for the shooter(s). The taller
containment berm is located behind the firing targets and is to provide further protection
from stray bullets. The objective of the redesign is to provide complete containment;
meaning no bullets should leave the property. The new design will not require an
expansion of the site.
As the redesign calls for complete containment of all discharge there should be no
physical impact on surrounding property owners. The site is located in an area where any
impact should be minimal. As stated above the site is just south of the City wastewater
treatment plant. Surrounding development can be characterized as industrial in nature
and there are no residential units within `/2 mile of the site in any direction. Further, the
property is located in the floodplain; severely limiting the prospect of any development
occurring along its borders. The floodplain does not impose restrictions on the
construction of the site as redesign does not include the construction of buildings.
The firing range is not and will not be open to the public. Public access and visibility is
highly restricted. It is located in a valley south of the water treatment plant and
accessible only through a locked gate at the rear of the water treatment plant. Access to
the water treatment plant is restricted by a coded gate. Properties to the south and east of
the firing range are highly wooded and vacant. As an additional measure of security and
warning, the perimeter of the property is lined with an 8' chain link fence with barbed
wire along the top. The fence is marked with signs warning individuals of the nature of
the property.
Staff believes that all criteria have been met relative to the special exception language in
the Owasso Zoning Code. Staff finds that the application is consistent with stated intent
of the zoning code and will not be injurious to the surrounding area or otherwise
detrimental to the public welfare. 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. Staff has received no phone calls or correspondence regarding this
request.
RECOMMENDATION
Staff recommends approval of OBOA 04 -20; granting the Special Exception allowing the
Police Department firing range.
ATTACHMENTS
1. General Area Map.
2. OBOA -04 -20 Application.
3. Copy of Letters Sent to Surrounding Property Owners.
4. Legal Notice.
I St
ect
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www. cityofowasso.com
f
L_ —_I l I
OBOA 04 -20
City of Owasso
mi. S. of the intersection of S. Main St. and
5th St.
N
W E
S
Oato 11, 2004
oBOA-
CITY OF 4WASS0
P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997
SPECIAL EXCEPTION
BOARD OF ADJUSTMENT INTERPRETATION OR APPEAL
THE FOLLOWING INFORNI.ATiON TO BE SUPPLIED BY APPLICANT
ACTION REQUESTED
XQSpeialException- Section 1002.1 - Areawide Special ExceptMiterpretationof Zoning Text
Use Unit No. ElInterpretation of Zoning Map
Appeal from Building Inspector QAppeal under the Provisions of Chapter 12, Section
Descnbe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions,
etc. Please attach any plot plans, photographs and' other factual information that will assist the Board in
deternriuing the merits of your request.
firing range immediately
is current
i
ccor g o "he zonina c
wust
south of the sanitary
ly being being redesigns
ode, lrinq ranges
ff
PROPERTY LEGAL DESCRIPTION Acreage immediafPlV sn, +r of f-hp qallitarY sewer
treatment facility
Name and Address of Record Owner Address or General Location of Subject Property
City of Owasso
As appEcant, what is your interest in this property? Name of person to be billed for publication Phone
®Present Owner DAgent for Owner Police Department
❑Purchaser QOther Mailing Address .:
ElAttaaey for Owner
I CERTIFY THAT THE SUBMrrrED 1NFOWMATION IS TRUE AND CORRECT I Signature
Pleasesubmit the completed application form and application fee of $50 along with a Certified 300' Radius Y
Report (available from an abstract company) and other supplemental documents to the City Planner on or before
the first day of the month in which the request is to be heard by the Board. This is a quasi - judicial proceeding.
The applicant or applicant's agent must be present at the hearing to receive approval.
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`(J SGG 2-1 -2-1 Ici .
BOA AiESIING DATE _ (Cll i�12/�`i PRESENT USE
SUBMITTAL DATE �C9 � t ,4 ZONING DISTRICT
FEE RECEIPTNUMBER -� APPROVED nG�rcn
City of Owasso
Department of Community Development
111 North Main
PO Box 180
Owasso, OK 74055
NOTICE TO PROPERTY OWNER
OBOA 04 -20
(918) 376.1540
FAX (918) 376.1597
Inspections: 376.1542
www.cityofowasso.com
Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment
in the Old Central Bldg., 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 26 day of
October, 2004. At that time and place the Owasso Board of Adjustment will consider a request
from City of Owasso for a Special Exception, to allow Use Unit #2 (Area Wide Special
Exception Uses), more specifically a Rifle and Skeet Range on property zoned AG (Agricultural)
located south of the City of Owasso water treatment plant; south of the intersection of S. Main
St. and E. 5s' Avenue, Owasso, Oklahoma.
As an abutting or nearby property owner, you are being notified so that you may be able to
express your views or concerns regarding this request. If you are unable to attend this meeting,
please forward any comments you may have in writing to the Owasso Community Development
Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Board
of Adjustment members at the scheduled public hearing by the Community Development Staff.
Information and maps showing the property location may be inspected in the office of the City
Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376.1543. This is your
only personal notification of this request.
Dated at Owasso, Oklahoma, this 15`a day of October, 2004.
Since' re1y�
L%Duane Cuthbertson (�---
City Planner
City ®f Owasso
Departme evelopment
111 North Main
PO Box 180
Owasso, OK 74055
(918) 376.1540
FAX (918) 376.1597
Inspections: 376.1542
www.cityofowasso.com
NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENTS
OF THE CITY OF OWASSO, OKLAHOMA.
Case Number OBOA 04-20
Notice is hereby given that a public hearing will be held before the
Owasso Board of Adjustment in Old Central, 109 North Birch,
Owasso, Oklahoma at 6:00 PM on the 26th day of October, 2004.
At that time and place the Owasso Board of Adjustment will
consider a request from The City of Owasso for a SPECIAL
EXCEPTION to allow Use Unit 2 (Areawide Special Exception
Uses), specifically a Rifle and Skeet Range in an AG
(Agricultural) zoning district on property located south of the City
water treatment plant; south of the intersection of S. Main St. and
E. 5s' St., Owasso, Tulsa County, Oklahoma.
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 -1500.
Dated at Owasso, Oklahoma, this 11`h day of October, 2004.
Duane Cuthbertson
City Planner
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OBOA — 04 -19
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Dominion Corporation for a Variance
from the Owasso Zoning Code, Section 430.1 (Bulk and Area Requirements in
Residential Districts), to allow a front yard setback of 20' and a rear yard setback of 15'
on all the duplex lots with the proposed plat for `The Reserve on Elm Creek'.
FEARING DATE: October 26, 2004
LOCATION
The property is located at the northwest corner of N. 129" E. Ave. and E. 66" St. N.;
more specifically the lots in the proposed subdivision identified for the variance are lots
18 — 44. A general area map and proposed subdivision layout are attached for your
review.
EXISTING LAND USE
Undeveloped
SURROUNDING LAND USE
The properties to the north, east, and west are utilized in an agricultural- residential
manner. A church and large lot residential are located to the south of the subject
property.
PRESENT ZONING
The property is part of OPUD 04 -01; the Planned Unit Development calls for a mixture
of Single Family homes (RS 3) and Duplex homes (RD) on the property. The application
is intended for the Duplex zoned lots within the development.
SURROUNDING ZONING
Properties to the north, east and west are zoned AG (Agricultural District) in Tulsa
County. The property to the south is zoned AG -R (Agricultural - Residential District) in
Tulsa County.
ZONING HISTORY
In May, 2004 the property was rezoned to OPUD 04 -01. The Planned Unit Development
calls for residential development in the form of single family homes and duplex homes.
In September, 2004 the applicant was granted a Variance from the Board of Adjustment
to allow reduced side yard setbacks on all of the duplex zoned lots.
ANALYSIS
The Board of Adjustment, upon application, and after notice 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
the Owasso Zoning 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. 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.
The Dominion Corporation has requested a variance to allow a 20' front yard setback and
a 15' rear yard setback on the duplex zoned lots (lots 18 — 44) in the proposed `The
Reserve on Elm Creek' addition.
OPUD 04 -01 was a planned and approved development conceptualized by the applicant,
Dominion Corporation, as a tightly knit residential development containing a mix of
single family homes and duplex units. The intention of the Planned Unit Development
was to ensure uniformity of the subdivision. The development standards adopted in the
PUD call for 20' front yard and 15' rear yard setbacks on the single family housing sites
and setbacks per the Owasso Zoning Code for the duplex sites. The applicant was under
the impression that standard (according to the Owasso Zoning Code) front yard setback
requirements were 20' and rear yard setback requirements were 15' for the duplex units.
In fact the Owasso Zoning Code duplex front yard requirement is 25' and 20' for the rear
yard. This minor oversight has created standards for the proposed subdivision that will
deviate from the intended outcome of uniformity throughout the development. In order
to correct this oversight the applicant is requesting a variance from the Owasso Zoning
Code to allow the duplex units a front yard setback requirement of 20' and a rear yard
setback of 15'. The variance would provide the applicant with the intended outcome of
uniformity. As construction of the subdivision has yet to commence granting of the
variance would create no unforeseen detriment to surrounding lot owners as the standard
would be applied to all within the development.
Again, as the development has yet to take shape and considering that an equivalent front
ll and rear yard setback standard already applies to the single family residential lots,
_1 granting the requested variance would pose no detriment to the proposed subdivision.
The variance would allow for greater equality and uniformity throughout the subdivision.
Decisions on this type of request can be and are often influenced by surrounding property
owners' comments /concerns. 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. To date staff has received no inquiries concerning OBOA 04 -19.
RECOMMENDATION
Staff recommends approval of OBOA 04 -19 allowing the requested variance for 20' front
yard setbacks and 15' rear yard setbacks on the duplex lots (lots 18 — 44) within the
development.
ATTACHMENTS
1. General Area Map
2. OBOA 04 -19 Application
3. Proposed subdivision map
4. Public Notice
0
Dupl
Owasso Community
Development Department
1 I 1 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
5unject
Property
N
W
C4
fir. i
E. 6 !
OBOA 04 -19
Dominion Corporation
NW corner of E. 66th St. N. and N. 129th E. Ave. I smt . x
oBOA-
CITY OF OWASSO
P.O. BOX 180 O WASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997
BOARD OF ADJUSTMENT
ZONING VARIANCE
THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT
Describe below the specifics of your request. Where applicable, indicate pertinent uses, distances, dimensions,
etc. Please attach any plot plans, photographs and other factual information that will assist the Board in
determining the merits of your request.
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PROPERTY LEGAL
of
Name nand Address of Record Owner Address /or General Location of Sub'ect Property
f)0.11-1&Al C4tV :tA-non/ L;6/ � 1 .C% e.._.,, �L5'7"rs.! -'
As applicant, what is your interest in this property? Name of person to be billed for publication Phone
®Present Owner ❑Agent for Owner °� /v� C�- �2/- b %tn��/ .271 -o27p
❑Purchaser ❑Other Mailing Address
❑Attomey for Owner 1 /0C.. dam.✓ /0/1 r.�. ArJa vit 9H,�r
The Board of Adjustment is allowed to approve variances only after determining from the evidence and arguments
presented that the conditions listed below do exist. Please describe how your request satisfies each of these conditions.
1. Application of the zoning ordinance requirements to this particular property will create unnecessary hardship.
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%rf..ar F7.1'ti L.- itrtF.0 .,t.+.,r. :a'�1�' Fr.2 liuGrr J=.tw. 1Lb.
2. There are conditions peculiar to this property which do not apply to other properties in the same zoning
district.
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.4LC G 77111L' /.v /i1 7r / lin /f.av F' Is- 6'..P -✓/L J'e'- 4cley , 2�'
3. The variance, if granted, will not cause substantial detriment to the public good or impair the purpose and
intent of the zoning ordinance or the comprehensive plan.
4/ G.iLC_ .4 Lc -/ .42 e-. /:'Y /:L. sec AAo; ^—" P;.e 1T
I CERTIFY TIIAT THE SUBMITTED INFORMATION IS TRUE AND CORRECT I Signature 0
Please submit the completed application form and application fee of $75 along with a Certified 300' Radius
Report (available from an abstract company) and other supplemental documents to the City Planner on or before
the first day of the month in which the request is to be heard by the Board. This is a quasi- judicial proceeding.
The applicant or applicant's agent must be present at the hearing to receive approval.
BOA MEETING DATE PRESENT USE
SUBMITTAL DATE ZONING DISTRICT
FEE RECEIPT NUMBER APPROVED DENIED
PRELIMINARY PLAT FOR
THE RESERVE ON ELM CREEK
EAST 6M STREET NORTH
R 14 E
a
R
WCATIO14 MAP
TOTAL LOTS a 74
TOTAL ACRES 20
{
LEGAL DESCRIPTION
A subdivision containing a part of
the East Bali of the Southeast
Quarter of Section 32, Towmahlp 21
North, Range 14 East of tha I.R.kM.
Tulsa County, state of Oklahoma.
DEVELOPER:
DOMMON CORPORATION
P.O. ROK 841
OWASSO, OKLAKOMA 74055
TEL• 918- 278 -0970
ENGINEER
ROGERS ENGINEERING &
CONSTRUCRON INC.
RT 3 SOX 100
CHEEM, OK 74010
TEL 018 - 789 -5039
SORVEYOR
TUVOTH.Y L. KING, RPL9
$3926 S. CASE ROAD
INOLA OKLAKOMA 74096
TEL. 918.546 -1699
Duel ax Lois
a�ri�fR;1�Q.�CZ•''QSt�
t)��::1L�[t�:•Ti�f
sss�ssis�fE_s_�E:w�:i91
�.1•CSinTJC�GLl4
City of Owasso
Department o f Community Development
111 North Main
PO Box 180
Owasso, OK 7405;
(918) 376.1540
FAX (918) 376.1597
pections: 376.1542
.cityofowasso.com
NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENTS
OF THE CITY OF OWASSO, OKLAHOMA.
Case Number OBOA 04-19
Notice is hereby given that a public hearing will be held before the
Owasso Board of Adjustment at Old Central, 109 North Birch,
Owasso, Oklahoma at 6:00 PM on the 26h day of October, 2004.
At that time and place the Owasso Board of Adjustment will
consider a request from the Dominion Corporation for a
VARIANCE from Owasso Zoning Code, Section 430.1 (Bulk and
Area Requirements) to reduce front yard setback requirements on a
portion of property located at the northwest comer of E. 66'" St. N.
and N. 129th E. Ave., Owasso, Tulsa County, Oklahoma. The
subject property is zoned for residential duplex use.
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 -1500.
Dated at Owasso, Oklahoma, this 11 m day of October, 2004.
Duane Cuthbertson
City Planner