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Home My WebLink About2010.11.23_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular November 23, 2010 6:00 PM Old Central, 109 North Birch Marsha Hensley Assistant City Planner RECEIVED NOV ? . j 2010 City Clerk's ;0 Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 3:00 PM on the 19"' day of November, 2010. Marsha Hensley, Assistant City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, November 23, 2010, 6:00 PM Old Central, 109 N. Birch AGENDA Call to Order 2. Roll Call 3. Approval of Minutes from the March 23, 2010 and October 26, 2010 Regular Meetings. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA -10 -05 - Special Exception - A request for a special exception to allow for a church use on a 5 -acre tract located at 10857 East 116 "' Street North currently zoned agriculture. 5. OBOA -10 -06 - Special Exception - A request for a special exception to allow for the construction of a 65 foot steel pole in an existing PSO substation. The property is located at 12201 East 86`" Street North. 6. Other Business 7. Adjournment MEMBERS PRESENT Joe Ramey Tammy Laakso Trish Lindsey OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, March 23, 2010 Old Central, 109 North Birch MEMBERS ABSENT David Hall Ken Foster STAFF PRESENT Karl Fritschen Marsha Hensley Steve Albert Brian Dempster Larissa Darnaby Julie Lombardi Dan Salts The meeting agenda was posted at the north entrance to City Hall on the 18`11 day of March, 2010 at 3:00 PM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the February 23, 2010 Regular Meeting — Trish Lindsey moved to approve the minutes of February 23, 2010, Tammy Laakso seconded the motion to approve the minutes. AYE: Ramey, Laakso, Lindsey NAY: None The motion carried 3 -0. 4. OBOA -10 -03 — Special Exception — Consideration and appropriate action related to a request by Mr. Belcher for a special exception to allow for the storage and sales of outdoor landscaping materials on property zoned Agriculture, located at 13210 East 103 Street North. Joe Ramey presented the item and Larissa reviewed the staff report. The applicant is requesting a special exception to allow for the storage and sales of outdoor landscaping materials on a 2.18 acre parcel zoned Agriculture, located at 13210 East 103 Street North. The Planning Commission reviewed the annexation request at their regularly scheduled meeting on August 13, 2007. At the time of amlexation staff's position was the neighborhood bordered by North 129th East Avenue, East 106th Street North, and the Owasso Expressway should have one land use. At the time of annexation, the Owasso Land Use Master Plan characterized this area as being residential. The land use designation on the Owasso Land Use Master Plan was changed to a commercial designation on the Land Use Master Plan. No commercial activity has been observed in the area and the area remains solely residential. Staff visited the site and observed the following concerns. The infrastructure surrounding the site is less than adequate for the traffic needs of such a business. All of the streets are built to residential standards serving adjoining single- family homes and main access point to the tract is off of East BOARD OF ADJUSTMENT March 23, 2010 Page 2 of 3 103'd Street North. No commercial uses exist in the surrounding vicinity of the site. Staff has received several calls from citizens concerned about light and noise pollution, public safety, and the character of their neighborhood being altered in a way that would be detrimental to their property values. 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. The staff recommends denial of OBOA- 10 -03. Mr. Bobby Belcher, the applicant, was present to answer questions regarding the request. He presented a statement (attached) to each of the Board Members and asked to make a brief presentation. Mr. Belcher explained that his intent is to start a wholesale display yard selling rock and landscaping materials and there will be a small amount of retail business from this site. He intends to build a privacy fence around the property. In regards to traffic, there will be some traffic necessary to bring in materials to start initial production. This business will only help with the property value of the residence in the area. The following are comments /concerns expressed by citizens that were in attendance: David Woolsey —13203 E 103 St No — Opposes the request. Concerns with increase in traffic. The streets can not handle the large trucks. The trucks and fork lifts will be noisy and cause dust. Fear of a decline in property value. Charlie Brown — Owasso Planning Commissioner — This does not fit with the character that Planning Commissioners planned. Elizabeth Miller — 13303 E 103 St No — Opposes the request. Doesn't want the dust. Dennis Hendrickson — 13121 E 103 St No — Our streets can't handle the weight of the trucks carrying the materials. Suzanne Burleson — 13019 E 103 St No — Opposes the request. Michelle McMillan — 10317 N 129 E Ave — Opposes the storage and sales of outdoor landscaping materials at this location. If allowed it will change the whole neighborhood. Connie Warlick — 13302 E 101 St No — Would like to see the entire area zoned commercial. Please don't piece meal. Don Fort — 13204 E 103 St No — Concerns regarding storm water runoff. Joe Ramey asked if there were any other comments from the Board Members or citizens; if not he would entertain a motion. Tammy Laakso moved to deny OBOA 10 -03. Trish .Lindsey seconded the motion. A vote on the motion was recorded as follows: BOARD OF ADJUSTMENT March 23, 2010 Page 3 of 3 AYE: Ramey, Laakso, Lindsey NAY: None The motion carried 3 -0. 5. Other Business 6. ADJOURNMENT — Trish Lindsey moved for adjournment, seconded by Tammy Laakso. A vote on the motion was recorded as follows: AYE: Ramey, Laakso, Lindsey NAY: None The motion was approved 3 -0 and the meeting was adjourned at 6:40 PM. Chair Vice Chair Date Owasso Proposal 103rd St. North It is the intentions of the property owner and I to establish what we believe to be a wholesale display yard for the purpose of selling rock and landscaping materials to larger projects which will be delivered of site. It is also the hopes that these materials will be trucked straight from their prospective sources to the job sites. There is the possibility that there will be a small amount of retail business from this location as it will be open to the public. It is further the intention in being a good neighbor to build a privacy fence around the property which will give its exposure to the highway frontage which is the most desirable prospect or this property. This fencing will be targeted at the landscaping displays that we are trying to achieve. This will further aid in the protection of the residence around it with added sound protection, dust control to avoid this business being a disruption to the surrounding community. It is our intention to maintain a low impact to the residence as possible while making this property into something productive to the Owasso community. The fact that this will be targeted as a wholesale business will reduce the amount of traffic on the access road leading to and from this business location however there will be some traffic necessary to bring in materials to start initial production. We also believe that with the increased business activity in the area on both sides of the highway along with our proposal will only help with the property value of the residence in the immediate area with making it more attractive for future development in the community. Since its annexation this property has been dormant and we feel this is a win, win to all property owners in the general area. MEMBERS PRESENT Joe Ramey Jim Bausch Trish Lindsey OWASSO BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING Tuesday, October 26, 2010 Old Central, 109 North Birch MEMBERS ABSENT Tammy Laakso David Hall STAFF PRESENT Karl Fritschen Marsha Hensley Larissa Darnaby- Pruner Daniel Dearing The meeting agenda was posted at the north entrance to City Hall on the 20t" day of October, 2010 at 3:00 PM. CALL TO ORDER 2. ROLL CALL 3. Approval of Minutes from the March 23, 2010 Regular Meeting — Joe Ramey suggested tabling the minutes of March 23, 2010, until the next Board of Adjustment meeting. 4. OBOA -10 -05 — Special Exception — Consideration and appropriate action related to a request for a special exception to allow for a church use on a 5 -acre tract located at 10857 East 116"' Street North currently zoned agriculture. Joe Ramey presented the item and Larissa reviewed the staff report. The surrounding land use was described. The applicant is requesting a special exception to allow for a church use on a 5 -acre tract located at 10857 East 116 'h Street North currently zoned agriculture. The Owasso Annexation Committee approved the request to annex on September 22, 2010. The Owasso Plaruling Commission approved the request to annex at their meeting on October 11, 2010. The Owasso City Council approved the request at their meeting on October 19, 2010. The tract is subject to the Emergency Storm Siren Fee ($35.00 per acre). The property is also subject to the Rural Water District #3 of Washington County's payback area. 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. The staff recommends approval of OBOA -10 -05 with the following conditions: The fagade of the structure be no less than 30% masonry to match the surrounding residential uses. • Additional screening shall be provided to the north and east. The applicant was present to answer questions regarding the request. Trish Lindsey moved to approve OBOA 10 -05. Jim Bausch seconded the motion. A vote on the motion was recorded as follows: BOARD OF ADJUSTMENT October 26, 2010 Page 2 of 2 AYE: Ramey, Lindsey, Bausch NAY: None The motion carried 3 -0. 5. Other Business 6. ADJOURNMENT — Trish Lindsey moved for adjournment, seconded by Jim Bausch. A vote on the motion was recorded as follows: AYE: Ramey, Lindsey, Bausch NAY: None The motion was approved 3 -0 and the meeting was adjourned at 6:12 PM. Chair Vice Chair Date nT,h,eity vd✓it out Limits. SUBJECT: Board of Adjustment Special Exception Request TO: Owasso Board of Adjustment FROM: Karl A. Fritschen AICP, RLA Community Development Director CASE: OBOA 10 -05 (rehearing) DATE: November 19, 2010 BACKGROUND: The City of Owasso received a request for a Special Exception for a church use on property zoned AG (agricultural), located on the north side of East 1 16th Street North approximately one quarter mile west of North Garnett Road, also recognized as 10857 East 116th Street North. The property shares a common boundary with Country Estates on the north and the east. The detention facility for Country Estates lies immediately west of the subject property. Although the Board took action on this item at the October 26 meeting, it was brought to staff's attention that the ordinance for the annexation had not been approved by the City Council. In other words, the Special Exception that was approved by the Board on October 26 was essentially done out of sequence for the benefit of the applicant so they could close on the property. The City Council did approve the ordinance on the consent agenda at the November 16 meeting. The purpose of hearing this item again is to ensure that the procedure is followed correctly. SIZE OF TRACT: 5 acres EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Single Family Residential (City of Owasso) - Country Estates South: Agricultural and Commercial Shopping (City of Owasso) - Undeveloped East: Single Family Residential (City of Owasso) - Country Estates West: Agricultural (City of Owasso) - Detention Pond PRESENT ZONING: AG (Agricultural District) - Tulsa County ANALYSIS: The applicant intends to construct a church on property zoned agricultural located on the north side of East 1 16th Street North approximately one quarter mile west of North Garnett Road, also recognized as 10857 East 116th Street North. To the north and east of the subject tract is the Country Estates subdivision. To the west is a vacant tract identified as the detention pond for Country Estates. To the south lies two tracts, one zoned Agricultural and the other zoned Commercial Shopping —both properties are undeveloped at this time. The subject tract was annexed into the City of Owasso on October 19, 2010 at the regularly scheduled City Council meeting. The applicant will be required to follow normal development procedures, which include a site plan review. Before any permit is issued, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as prescribed by Public Works including but not limited to parking lots, stormwater management, and sidewalks. The tract is subject to the Emergency Storm Siren Fee ($35.00 per acre). The property will be served sewer and water by the City of Owasso. The property lies within the Rural Water District #3 of Washington County's payback area. Special Exceptions, unlike 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. Currently, as the area is developed today, the allowance of such use does not pose a detrimental impact to the surrounding area. Staff published legal notice of the annexation petition in the Owasso Reporter on November 10 2010, and letters of notification were mailed to property owners within a 300' radius. OWASSO ANNEXATION COMMITTEE: The Owasso Annexation Committee heard this item at their regularly scheduled meeting on September 22, 2010. At that time, the Owasso Police, Fire and Public Works Departments stated that this property was within the City of Owasso's scope of services. OWASSO PLANNING COMMISSION: The Owasso Planning Commission approved the request to annex the property at their regularly scheduled meeting on October 11, 2010. OWASSO CITY COUNCIL: The Owasso City Council approved the request to annex the property at their regularly scheduled meeting on October 11, 2010 and subsequently approved the ordinance on November 16, 2010. RECOMMENDATION: Staff recommends approval of the Special Exception request subject to the following conditions: 1. The fagade of the structure be no less than 30% masonry to match the surrounding residential uses. 2. Additional screening shall be provided to the north and east that will provide a buffer with the adjoining residential uses. ATTACHMENTS: A. General Area Map B. Proposed Elevation C. Aerial Map BOA 10 -05 October 26, 2010 Aerial View LifePoint Baptist Church: Phase One 1''R{)ltiT I',LENATION 1 _ 51 DFAGF FULL. COURT f1HRWCF;� I- GYM i I l i STOPAGC �.. +�+-- 141.'4" f'MkR A The City Wit out Limits_ obstacles tan .i..n9- in the ;T19ky of papple ra g �. j NOTICE OF A RE- HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -10 -05 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Old Central Building located at 109 North Birch, at 6:00 PM on November 23, 2010. The Owasso Board of Adjustment will consider a request for a Special Exception to the Owasso Zoning Code to ALLOW A CHURCH TO BE LOCATED ON PROPERTY ZONED AG (AGRICULTURAL) DISTRICT. The property is located at 10857 East 116 Street North. The above case is being re -heard for the purpose of ensuring conformity with the sequence of the annexation process. 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 at the Community Development Department, 111 N. Main Street, Owasso, Oklahoma, 74055, or by calling 376 -1540. Dated at Owasso, Oklahoma, this 5`h day of November, 2010. Marsha Hensley Assistant City Planner 111 N. Main (918) 376 -1500 P.O. Box 180 City of Owasso FAX (918) 376 -1551 Owasso, Oklahoma 74055 A City Of Character www.cityofowasso.com T City Wit out Limits. SUBJECT: Board of Adjustment Special Exception Request TO: Owasso Board of Adjustment FROM: Karl A. Fritschen AICP, RLA Community Development Director CASE: OBOA 10 -06 DATE: November 19, 2010 BACKGROUND: The City of Owasso received a request from Public Service Company of Oklahoma (PSO) for a Special Exception to construct a 65 foot transmission pole on property zoned RS -2 (residential single family), located at 12201 East 86th Street North. The site currently houses a PSO substation. Because the zoning on the property is RS -2, a special exception is required from the Board of Adjustment to construct the tower. The purpose of the pole is for communications between private service meters and PSO offices as part of the smart grid plan that PSO is developing in Owasso. SIZE OF TRACT: 2.06 acres EXISTING LAND USE: Electrical Substation SURROUNDING LAND USE: North: Single Family Residential (City of Owasso) - Lake Ridge and Three Lakes South: Single Family Residential (City of Owasso) - Three Lakes East: Single Family Residential (City of Owasso) - Lake Ridge West: Open Space (City of Owasso) - Drainage Channel PRESENT ZONING: RS -2 (Residential Single Family District) - Owasso ANALYSIS: The applicant intends to construct a 65 foot communications pole on property zoned RS -2 located at 12201 East 86th Street North approximately 950 feet east of Reasor's and Taco Bueno. To the north and east of the subject tract are Lake Ridge and Three Lakes subdivisions. To the south is Three Lakes subdivision across 86th Street North and to the west is an open space area with a drainage channel. The pole is part of the smart grid technology that Public Service Company (PSO) of Oklahoma intends to employ in Owasso. The pole will contain equipment that will serve, as a communications device between PSO offices and private service meters on homes and businesses. Special Exceptions, unlike 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 or that the spirit of the ordinance is not compromised. Considering that the site already contains electrical equipment that is of equal or greater height. The allowance of a 65 foot monopole does not pose a detrimental impact to the surrounding area. Staff published legal notice of the annexation petition in the Owasso Reporter on November 10, 2010, and letters of notification were mailed to property owners within a 300' radius. RECOMMENDATION: Staff recommends approval of the Special Exception request subject to the following conditions: 1. Screening shall be provided around the perimeter of the facility in the form of large evergreen shrubs. ATTACHMENTS: A. General Area Map B. Plat of the Property C. Site Aerial D. Pole Diagrams 0 m 0 i a 0 0 U lit '3'etr/7 M. t g Se 12201 East 86th St N CITY OF OWASSO PSO SUBSTATION SUBJECT PROPERTY Legend 111 N. Main Street P.O. Box 180 Owasso, OK 74055 North 918.376.1500 7 29/10 PURL SERVICE COMPANY OF 0, ..AHOMA 300, I O 0 M O N 86TH ST. NORTH R14E m to 20 21 N 86TH ST N LOCATED IN SW1 /4 SE1 /4, SECTION 20, T21N R14E TULSA COUNTY, OKLAHOMA -- OWASSO SUBS- rAT1ON OWASSO DISI'RICT 5U9 NO. APPµ�.� �Y.�e_� . PROPER'I"Y(OViNED) w SCALE 1"=100' 064 tk k- lilt i f r e 1 AMERICAN i RIVERSIDE PLAZA COMPUTER DRAWING / /MANUAL CHANGES NOT PERMITTED! ELECTRIC COLUMBUS, OH 43215 POWER �g�moN 2oNo >o�no3 anzoinl� 66.5 AGL MAX TIP HGT LIGHTNING ROD of m �nKpgt A N °A j 64' AGL TOWER HG -yoAi� Z T o AMI 63' AGL h SSN �8 62' AGL - WIMAX �m�Amm z RUGGEDCDM m In 0 A- PROVED OY r1 r W n � O c c C C Z 0 D D z m m LA 0 0 D D z (A Z Q F9 Z m C o C7 c O m cn p � n D cl) C =1 I Z AO 6) < Z C7 p D m (7 O o � Z m zz O n Z C, O W D Z D o cn p D O o D C p � C O .ZJ a 49' TO SUBSTATION GROUND GRID ELEVATION VIEW fOR CIM�NA� Md l0 EN RE ilMliiD