HomeMy WebLinkAbout2010.03.23_Board of Adjustment AgendaMEMBERS 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 18t" 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 annexation staff's position was the
neighborhood bordered by North 129t" East Avenue, East 106"' 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
103rd 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 Rainey 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.
Vice Chair
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NOTICE OF A HEARING BEFORE THE BOARD OF
ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA.
Case Number OBOA -10 -03
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 March 23, 2010. The Owasso
Board of Adjustment will consider a request for a Special
Exception to the Owasso Zoning Code to ALLOW A
LANDSCAPE SUPPLY FACILITY TO BE LOCATED ON
PROPERTY ZONED AG (AGRICULTURAL) DISTRICT.
The property is located at 13210 East 103 Street North.
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 1sT day of March, 2010.
Marsha Hensley
Assistant City Planner
4. Main (918) 376 -1500
ox 180 City of Owasso FAX (918) 376 -1551
Oklahoma 74055 A City Of Character www.cityofowasso.com
MEMORANDUM
TO: BOARD OF ADJUSTMENT
CITY OF OWASSO
FROM: LARISSA DARNABY
CITY PLANNER
SUBJECT: OBOA - 10-03, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW
THE STORAGE AND SALES OF OUTDOOR LANDSCAPING
MATERIALS ON PROPERTY ZONED AGRICULTURE.
DATE: MARCH 16, 2010
BACKGROUND:
The City of Owasso has received an application for a special exception from the Owasso Zoning
Code to allow for the storage and sales of outdoor landscaping materials on a 2.18 acre parcel zoned
Agriculture, located at 13210 East 103`d Street North.
SURROUNDING LAND USE AND ZONING:
North: Single - Family Residential (Tulsa County Agriculture)
South: Owasso Expressway
East: Owasso Expressway
West: Single - Family Residential (Tulsa County Agriculture)
PROPERTY CHARACTERISTICS:
The property is currently zoned Agriculture and is currently undeveloped. The site is bordered to the
north and west by large lot residential uses, and to the south and east by the Owasso Expressway.
ANALYSIS:
The applicant requests a Special Exception from the Owasso Zoning Code to allow for the
storage, and sales of outdoor landscaping materials (primarily rock and stone) on property zoned
Agriculture. The subject tract was annexed into the City Limits of the City of Owasso by
Ordinance Number 901 in September of 2007. The Planning Commission reviewed the
annexation request at their regularly scheduled meeting on August 13, 2007. At the time of
annexation staff's position was the neighborhood bordered by North 129a' 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. Since
those meetings, the land use designation on the Owasso Land Use Master Plan was changed to a
commercial designation on the Land Use Master Plan. However, no commercial activity has
been observed in the area and the area remains solely residential.
Based on a review of the minutes of the August 2007 Planning Commission meeting for the
annexation of the tract and February 13, 2008 memorandum prepared for the City Council for the
update of the Land Use Master Plan, it is clear the intent was for the entire area described in the
preceding paragraph, be developed in a unified fashion and not in a piece meal fashion. The
request for this special exception on a 2.18 parcel goes against the intent of the land use change
made in 2008.
Following several trips to the subject tract, staff observed several items of concern. First, the
infrastructure surrounding the site is less than adequate for the traffic needs of such a business —
not just traffic flow, but the weight of trucks carrying the materials may accelerate deterioration
of the streets. Second, all streets are built to residential standards serving adjoining single - family
homes and the main access point to the subject tract is off of East 103`d Street North. Third, no
commercial uses exist in the surrounding vicinity of the site.
Staff received several calls from citizens concerned about potential 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.
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 in a residential area causes an adverse impact on the
surrounding neighborhood.
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 several
phone calls in opposition of OBOA 10 -03.
RECOMMENDATION:
The staff recommends denial ofOBOA 10 -03
ATTACIUAENTS:
1. Case map
2. Public notice
3. Minutes of the Planning Commission meeting that approved the Annexation Request
4. Staff Report to ppdate the Owasso Land Use Master Plan for this area
5. Photographs taken of the site