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HomeMy WebLinkAbout2007.01.23_Board of Adjustment AgendaPUBLIC NOTICE OF THE' OF THE OWASSO BOARD OF ADJUSTMENT TYPE OIL MEETING: Regular DATE: January 23, 2007 TIME: 6:00 PM PLACE: Old Central, 109 North Birch NOTICE FILED BY: Chip McCulley TITLE: City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM on the 16`x' day of January, 2007. Chip McCulley OWASSO BOARD OF ADJUSTMENT Tuesday, January 23, 2007, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the January 4, 2007 Regular Meeting. f.it a7\ iIZ�17�17117f. ��PY1�ZIli��IC�7CiD— I�:il��l"!7 4. OBOA- 06 -11— R j ®ice Church — A request for a variance to allow for a free - standing pole sign to be located at 13413 East I Oe' Street North, with a proposed height of 30 feet, and an area of 672 sq. $, on property zoned OM (Office Medium). This item has been requested by the applicant to be reheard by the board, due to only 3 members present at the November 28, 2006 meeting. OBOA -06 -12 — Paahner Continuum of Care — A request for a temporary special exception to allow an adolescent residential treatment facility in an OL (Low Intensity Office zoning district), located at 425 East 22"r Street North. This item was continued from the January 4, 2007 special meeting. 6. Other Business Adjournment PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Special DATE: January 4, 2007 TIME: 6:00 PM PLACE: Old Central, 109 North Birch NOTICE FILED BY: Chip McCulley TITLE: City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM on the28th day of December, 2006. Chip McCulley OWASSO BOARD OF ADJUSTMENT Thursday, January 4, 2007, 6:00 PM Owasso Community Center, 301 South Cedar AGENDA 1. Call to Order 2. Roll Call Approval of Minutes from the November 28, 2006 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA -06 -12 — Palmer Continuum of Care — A request for a permanent special exception to allow an adolescent residential treatment facility in an OL (Low Intensity Office zoning district), located at 425 East 2VO Street North. 5. Other Business 6. Adjournment OWASSO BOARD OIL ADJUSTMENT MINUTES OF SPECIAL MEETING Thursday, January 4, 2007 Owasso Community Center, 301 South Cedar MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT David Hall Trish Hauser Chip McCulley Joe Ramey Ken Foster Marsha Hensley Charles Brown Julie Stevens Eric Wiles Tim Rooney The meeting agenda was posted at the north entrance to City Hall on the 28 °i day of December, 2007 at 3:00 PM. 1. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the November 28,, 2006 Regular Meeting — Charles Brown moved to approve the minutes of November 28, 2006. David Hall seconded. AYE: Hall, Ramey, Brown NAY: None The motion carried 3 -0. 4. OBOA -06 -12 — Palmer Continuum of Care - A request for a permanent special exception to allow an adolescent residential treatment facility in an OL (Low Intensity Office) District, located at 425 East 22 "`r Street North. Joe Ramey introduced the item. The applicant requested the Board to continue this item until the next Board of Adjustment meeting. The Chair stated that the next meeting will be held on Tuesday, January 23, 2007 at 6:00 PM in the Old Central Building. Other Business 6. ADJOURNMENT — David Hall moved for adjournment, seconded by Charles Brown. A vote on the motion was recorded as follows: AYE: Hall, Ramey, Brown NAY: None The motion was approved 3 -0 and the meeting was adjourned at 6:25 PM. Chair Vice Chair January 8, 2007 Members Owasso Board Of Adjustment 11.0. Box 180 Owasso, OK 74055 Members of the Board of Adjustment, I am writing with deep concern for the hrtegrety of our neighborhood, Ator Heights ICI. It apprears that the City Planners would like to place a drug /alcohol rehabilitation treatment center for adolecents at 425 E. 22nd St. here in Owasso. A special meeting of the board of adjustment was quietly scheduled for January 4, 2007 and were it not for the alertness of a few of our neighbors there probably would not have been many at the meeting to protest. As it turned out, we were there in force and the Palmer Continuum requested a delay until the next regular meeting on January 23, 2007. We moved to Owasso several years ago because it was a quiet, well run city which we thought was a good place to retire. Over the years we have seen the City grow and were well pleased, that is, until now. Now it appears that the almighty dollar has taken precidence over the welfare of our community. The past few years the City has been touted as a City of Character. Each month we see signs emphasizing these various character traits. But now, I am beginning to wonder about the character of INTEGRITY. I would ask each of you members of the Board Of Adjustment a simple question or two: 1. If the Palmer Continuum were requesting permission to place this facility in ,yur neighborhood, maybe across the street from oy gr house, would you vote for them to do so? 2. If such a facility (or any other) would cause a negative impact on the property values in yonr neiaii orhood, would you vote for it? I ask each of you to consider this matter very seriously. If you will, I think you could not in good conscience vote for this facility being placed at that 'location. Thank you, &" /e, Curtis Cunningham 301 E 22 "d 5t Owasso, OK 74055 Frcnl; O!I --rn09L nI'I.co I n viz b 1 Ofj ' 00v 7.32 PM IIiEGi.0 �uilL' i`y' J, .a .;, , xo, ,Jic'u Icy, .,hip, .t co, Eri, siey; NI w,; vt: P Im r Ccn:in ur; ct Cal Q ' >.u.......4..,._fnt >. € *.i3 #; { °_,3. ,,. .i TP "'x °.l Or a pernianent cy, ry:l eveepion !'<n7 .n acres rest enHal trealnlenT Wii.ly in an OL (Loy, nt..nsh %Rcc zoning .list. r /• locst d at 125 Fl8.t 2203 Show Nor 1. Please do not idiom, the zoning tiiliinrn Thi: facility ouln be fl. A:nenmi to the m bUc vvelive because this locatic does not Mr the necessany Feu ny to riot ect the Conar.nunity Thank yet!, C'S7fl'ck OWN RICb1:`.. RO 1.9._rMIR) AUH ._ 2 CB LT storage and tn^r, Mary _ ending �parn and entail onus premed an M02007 TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHM MCCULLEY CITY PLANNER SUBJECT: OBOA- 06 -11, A REQUEST FOR A VARIANCE TO ALLOW FOR A I E- STANDING POLE SIGN WITH A PROPOSED HE' IGHT OF 30 FEET AND AN AREA OF 642 SQUARE FEET. DATE: January 16, 2007 BACKGROUND The City of Owasso has received a request for a rehearing of an application for a variance to allow for a free - standing pole sign to be located at 13413 East 106" Street North, with a proposed height of 30 feet, and an area of 672 sq. ft. This item was originally heard at the November 3, 2006 regular meeting. A general area map is attached. EXISTING LAND USE First Freewill Church/Rejoice Christian School SURROUNDING LAND USE North: Developing Commercial South: Residential East: Owasso Expressway West: Undeveloped Commercial Potential PRESENT ZONING OM-Office Medium District APPLICABLE REGULATIONS Owasso Sign Code, Section 17.8.2 (Sign Matrices Conditions — till Zoning Districts). ANALYSIS The applicant is requesting a variance to allow for a free- standing pole sign to be located at 13413 East 106 "' Street North, with a proposed height of 30 feet, and an area of 672 sq. ft. As shown in the exhibit provided by the applicant the height of the sign does fall with in the City of Owasso's guidelines for pole height. However, the sign face exceeds the maximLnn square footage allowed by code (150 sq, ft.) by 522 sq. ft. The Board of Adjustment, upon application, and after notice and public hearing, may grant variances from the terms of the Owasso Zoning Code only upon a finding: 1. That the variance is necessary due to extraordinary or peculiar circumstances related to the size, shape, topography, or location of the subject property. 2. That the extraordinary or exceptional conditions of the subject property are not a direct result of the actions of the applicant. 3. That the variance as granted represents the least deviation from the prescribed regulations necessary to accomplish the purpose for which the variance is sought and which is consistent with stated intent of this Code. 4. That the granting of the variance shall result in greater convenience to the public in identifying the business location for which a sigh code variance is sought. 5. That the granting of the variance will not be detrimental to public welfare will not constitute a public nuisance or adversely affect public safety. 6. That the granting of the variance will not interfere with the location and identification of adjacent businesses, buildings or activities. 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 purpose of the City of Owasso sign code is to provide for the appropriate use and location of signs in a manner that will not adversely affect or impact property values, compatibility of land use, community appearance and identity, and to otherwise promote the general welfare, public safety, convenience and order to the City of Owasso. Staff believes the variance is not necessary due to extraordinary or peculiar circumstances related to the location of the subject property. Visibility of the site fi-om its adjacent roadways is not hindered as the site is adjacent to FEghway 169 with good visibility. The variance requested represents a great deviation (522 sq. ft.) from the prescribed regulations necessary to accomplish the purpose for which the variance is sought to deliver. This item has been requested by the applicant to be reheard by the board, due to only 3 members present at the November 28, 2006 meeting. At that meeting the application was denied by the board by a 2 -1 vote. Letters were again mailed to all property owners within three - hundred (300) feet of the subject property on and the request was advertised in the Owasso Reporter. To this date the staff has not received any comments concerning the request. [ ECO1HiP/>TE N➢DATIO1N The staff does not recommend approval of OBOA 06 -11. 1. Case map 2. Site drawings Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofow,isso.com -�r � ff \� \ 0 � \ / � E � ff \� \ 0 � \ TO: BOARD OF ADJUSTMENT CITY OF OWASSO FROM: CHIP McCULLEX CITY PLANNER SUBJECT: OBOA- 06 -12, A REQUEST FOR A TEMPORARY SPECIAL EXCEPTION TO ALLOW AN ADOLESCENT RESIDENTIAL TREATMENT FACILITY IN AN OL (OFFICE LIGHT) ZONING DISTRICT. DATE: January 16, 2007 BACKGROUND: Mr. Craig Beers of Palmer Continuum of Care has submitted an application to the Board of Adjustment for a temporary special exception to allow an adolescent residential treatment facility in an OL Low Intensity Office zoning district. The property is located at 425 East 22d Street North. The Zoning Code allows for special exceptions like this in chapter 5, Section 510 — "Principal Uses Permitted in Office Districts". PROPERTY CHARACTERISTICS: The legal description of the property is The west 150 feet of Lot one (1), Block one (1), IIGRITAGE ADDITION. The tract is almost 213 -acre in size. The prior land use was an adolescent home (Brown Schools of Oldahoma). A church sits on property to the north, and land immediately east and south exhibits a mixture of conunercial and office uses. Vacant land is immediately west and further east of the site. Further west of the subject tract is a single family residential subdivision. The subject tract (and the tract immediately to the east) is OL Low Intensity Office. AG Agricultural zoning hes to the north and further east. CG General Commercial is to the south, while property to the west is RS -3 Single Family Residential. ANALYSIS: Brown Schools of Oklahoma received a special exception to use the site for an adolescent home in April of 2002; the exception was made permanent in April of 2003. Brown Schools served non- adjudicated clrildren between the ages of 14 and 17 with mild disabilities or mental challenges. The staff has researched the records of the property and only a few complaints about the property have been received by the Owasso Police Department or the Owasso Fire Department during the past four years. The reports included two "Welfare Checks" (a check for some safety issue, or 911 hang up call), one "Juvenile Call', one "Assault Report ", one "Check to Own Satisfaction" (check location for- something suspicious or unusual), and two medical calls. The applicant, Palmer Continuum Care is a nonprofit substance abuse treatment and recovery center focused on Adolescents, Women and Children. Most adolescents are between the age of 12 and 18 and are from Northeastern Oklahoma (Tulsa County). Palmer's goal is to assist clients in developing new methods of coping with life's stresses, getting past cravings, expanding support systems and friendships and finding new ways of experiencing fun activities without using mood - altering substances. Palmer's set-vices are free to their clients, through the financial support of annual fundraisers, Tulsa United Way, Federal and State Funding and various Foundations and private donations. Palmer has requested that a temporary special exception be approved for two years, allowing the proposed use of the site until January 24, 2009. Palmer is currently seeking a permanent site in the Owasso area. Special Exceptions, nmlike variances, do not require that the property owner prove that a hardship exists. The Board of Adjustment is free to grant a special exception whenever it feels that the community will not be harmed by the application. The staff finds that the establishment is performing a necessary service to the community and that the location of the service is not detrimental to the surrounding properties. This item was continued by the board, at the applicant's request at the January 4, 2007 special meeting. Notices were again mailed to all property owners within eight - hundred (300) feet of the subject property, as well as all persons who signed in at the January 4, 2007 meeting and the request was advertised in the Owasso Reporter. RECOMMENDATION: The staff recommends approval of the temporary Special Exception, approving the use for two years, until January 24, 2009. ATTACRMENTS: 1. Case Map 2. Correspondence from Palmer Continuum Care 3. Application 4. Correspondence from citizens concerning the application. 3J A LIFELINE TO RECOVERY Palmer Continuum Proposal to Operate Adolescent Residential Treatment Venter 425 East 22 "d Street, Owasso • The proposed residential treatment center will house 18 male teens from the age of 12 to 17 who have a need for treatment for substance abuse problems. These teens are not violent, nor bad, but in need of a safe, secure environment in which to concentrate on getting away from drugs and alcohol and learn to live life free of chemicals. • The facility will be secure and staffed by counselors and addiction specialists who have special training and experience in dealing with substance abuse issues. Staff will be on duty 24 -hours a day, 7 days -a -week. During the evening hours, staff will be awake, alert and available throughout the night to ensure client safety. • Teens at the center will have a full schedule of education and counseling sessions throughout the week. Staff will accompany each teen when there are occasions for clients to leave the center for doctor's appointments, outings, etc. Clients of the center will not be allowed to leave the center unaccompanied or to walk through the surrounding neighborhoods. • A typical day at the center for teens: • Begins at 6:30 a.m. with cleaning of rooms, daily workout and breakfast. • Attend in -house school until lunch and then attend educational and counseling sessions on various aspects related to their treatment in the afternoon. • Study time is scheduled for an hour before dinner and planned activities and group sessions in the center take place until bedtime. • Weekends involve exercise, unit cleanup, an off campus recreation, visitation from family and homework. • The goal is to occupy body and mind with positive influences throughout the treatment process. Palmer has operated a residential treatment facility for adult women, Tulsa Women and Children Center, for the past three years and has experience in protecting the rights and safety of not only our clients, but the residents of the surrounding community and nearby neighbors. W Palmer Continuum of Care has a history of providing quality adolescent substance abuse treatment services since the organization began in Tulsa in 1981. The organization's treatment services are certified by the State of Oklahoma and accredited by the Commission for Accreditation of Rehabilitation Facilities (CARF). Palmer is a member agency of the Tulsa Aa-ea United Way. Palmer Continuum of Care, INC Special Exception Request Development of Adolescent Residential Treatment Facility Palmer: Palmer Continuum of Care is a nonprofit substance abuse treatment and recovery center focused on Adolescents, Women and Children. We help our clients reach their greatest potential and maximize their family and community relationships. Palmer's goal is to assist our clients in developing new methods of coping with life's stresses, getting past cravings, expanding support systems and friendships and finding new ways of experiencing fun activities without using mood - altering substances. Our services to the clients are FREE, Palmer is able to help clients recognize the importance of positive, healthy living through the financial support of our annual fundraisers, Tulsa Area United Way, Federal and State Funding and various Foundations and private donations. Most of our adolescence are between the age of 12 and 18 and are from Northeastern Oklahoma (Tulsa County). Palmer has a professional and culturally diverse Board of Directors and staff, who have one thing in common; a passion for providing evidence -based programming with the greatest potential for successful outcomes. Palmer has a continuum of care that provides information, education, outpatient counseling, intensive outpatient counseling, support groups, outreach services and residential treatment to substance abusing adolescents, women and children. Our Mission: "The mission of Palmer Continuum of Care is to develop and operate best practice gender responsive and culturally competent continuum of care for substance abusing and chemically dependent adolescents and women, and their children." Achievements: • Served nearly 200 adolescents at our three outpatient sites in 2005 • Provided drug education services for approximate 800 teens in the Tulsa area school districts/ • Recorded a client satisfaction rating that exceeds the 90% • Became accredited by the Commission for Accreditation of Rehabilitation Facilities (CARF) for the first time in our 24 years • Implemented our first clinical record software • Completed a aggressive three -year strategic plan • Enjoyed success rates approaching 65% for clients completing treatment Economics: The allowance of this Residential Treatment Facility to be developed in the Owasso area will have a positive economic ramification for the City of Owasso. Thirteen (13) jobs will be available due to the opening of this new facility with an estimated total Salary, Wages and Benefits of $581,238 per year. Other revenue will flow into the Owasso community such as food costs, supplies, utilities, purchased services and more, as we have an estimated first year budget of $856,558. The Owasso school district would receive funding for each child entering the school system, as well as taxation of the property we will occupy P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 SPECIAL. EXCEPTION THE FOLLOWING INFORMATION TO BE SUPPLIED BY APPLICANT ANION REQUESTED r7'�Specut Exception — Section ❑Interpretation of Zoning Text Use Unit No ❑lnterpretation of Zoning Map ❑Appeal from Building Inspector ❑Appeal under the Provisions of Chapter 12, Section 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. --, !! r <` near. i a.6 �'(~C C D f "1 rt/-\ rav'v'\ l XIO (fA U{, -AJ( ii S 'tMr ✓1 4 o ct { { d 0 M Nptlue{and Address ofJ2ecord O'�wgner (/ ' ( �,CbtL'4f [dY`lliCnuy. Address orsrerleral L� As applicant, what is your interest in this property? Name of person to be ❑Present Owner ❑Agent for Owner C f t" *" Mailing Address ❑Purchaser (,Other ` {�`.L -� ❑Attorney ror Owner ..'}(yP %�. cft5l '5 t i Ee ( (00 zJlc_�t�cs:1' i` fuiSo,ak — I CERTIFY THAT THE SUBMITTED MORMATION IS TRUE AND CORRECT' SignatuC ,)l`� "'""� " 1 q f J a Please submit the completed application form and application fee of $50 along with a Certified 300' Radius Report (available from an abstract company) and other supplemental docmnents 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