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HomeMy WebLinkAbout2011.03.22_Board of Adjustment AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: Regular RECEIVED DATE: March 22, 2011 TIME: 6:00 PM MAR 17 7011 PLACE: Old Central, 109 North Birch aty Ciews NOTICE FILED BY: Marsha Hensley TITLE: Assistant 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 17th day of March, 2011. Marsha Hensley, Assistant City Planne OWASSO BOARD OF ADJUSTMENT Tuesday, March 22, 2011, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the January 25, 2011 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA -11 -01 — Special Exception — Consideration and appropriate action related to a request for approval of a special exception to allow a non - permanent use (flower tent) on property zoned CS (Commercial Shopping District). The property is located within the Garrett Creek Shopping Center located at 11550 North 135 East Avenue. 5. Other Business 6. Adjournment PUBLIC NOTICE OF THE MEETING OF THE OWASSO BOARD OF ADJUSTMENT TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular March 22, 2011 6:00 PM Old Central, 109 North Birch Marsha Hensley Assistant 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 17`h day of March, 2011. Marsha Hensley, Assistant City Planner OWASSO BOARD OF ADJUSTMENT Tuesday, March 22, 2011, 6:00 PM Old Central, 109 N. Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the January 25, 2011 Regular Meeting. BOARD OF ADJUSTMENT PUBLIC HEARING 4. OBOA -11 -01 — Special Exception — Consideration and appropriate action related to a request for approval of a special exception to allow a non-permanent use (flower tent) on property zoned CS (Commercial Shopping District). The property is located within the Garrett Creek Shopping Center located at 11550 North 135 East Avenue. 5. Other Business 6. Adjournment The City Wit out Limits. taaading .n the ray if people a ....w NOTICE OF A HEARING BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF OWASSO, OKLAHOMA. Case Number OBOA -11 -01 Notice is hereby given that a public hearing will be held before the Owasso Board of Adjustment in the Owasso Old Central, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 22'a day of March, 2011. At that time and place the Owasso Board of Adjustment will consider a request for a special exception from The Plant Place, LLC to ALLOW A NON - PERMANENT VENDOR (flower gardening tent) in the parking lot of the Garrett Creek shopping center located at 11550 North 135 E Ave, 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 3rd day of March, 2011. Marsha Hensley Assistant City Planner 1'i r 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 The City Wit out Limits. SUBJECT: Board of Adjustment Special Exception Request TO: Owasso Board of Adjustment FROM: Brian Dempster Development Services Manager CASE: OBOA 11 -01 DATE: March 22, 2011 BACKGROUND: The City of Owasso received a request for a Special Exception to allow for the placement of a non - permanent use (seasonal garden center) in the parking lot of the Garrett Creek shopping center located at 11550 North 135 E Ave SIZE OF LOT: 13.85 Acres (603,220 SF) EXISTING LAND USE: Commercial - Retail Sales (Garrett Creek Commercial) SURROUNDING LAND USE North: Commercial, CS Zoning South: Commercial, CS Zoning East: Commercial, CS Zoning West: Commercial, RS3 Zoning PRESENT ZONING: CS (Commercial Shopping) - Owasso APPROVAL PROCESS "The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three members, may 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. 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." -Section 1480.4 Owasso Zoning Code. ANALYSIS: The applicant desires to sell plants and garden related supplies from a tent that will be placed in the parking lot from March 20th through June 301h and September 15th through November 151h for a period of five years. A use such as this is essentially a temporary non - conforming use placed on an existing conforming lot and thus requires approval from the Board of Adjustment According to the Owasso Zoning Code. 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 received no objections concerning OBOA 11-01. The applicant provided information as to the size and placement of the tent. According to this information the tent is 1500 square feet and located towards the front of the parking lot, along 1351h East Ave. Typically, with uses such as this, parking and avoiding obstructing drive aisles are usually the biggest factors that need consideration. Garrett Creek Commercial center is a 102,828 SF retail building and requires 514 parking spaces according to the zoning code, the center provides 669 parking spaces the proposed plan shows 19 parking spaces being eliminated leaving 650 parking spaces; staff visited the site and determined that parking will not be impacted with the proposed location. Staff has concluded that the gardening tent will not impact public safety and the welfare of the community. RECOMMENDATION: Staff recommends approval of OBOA -11-01 ATTACHMENTS: I. General Area Map 2. Property Use Agreement 3. Copy of Legal Notice ~�\ t\ � �7 - � � ■\ \ . D \ \/� \\ Y, rtn -ems -sail a7:ir P.02/05 r.�w 4M. I 1`1`009Ky We ABree3ment This dufftment is made and entered . into this 19 . day of between Reasor's LLC (Toeeoes ") and N andof j, , ,er4C. In consld0fatlon for Vendor's temporary use of that certain real property belonging to Reasor's iIS5C, ►l, e3Stt., F , gdir, `sCASt�rsAt lomted at 6v4LNsso © K ("property% for the purpose of RU^c es 4 ��.►� d R .-.-- -.- _ ( "Business AoUvityl, Vendor and Reasoee do hereby agree that: 1, Vendor's use Of the Property shall be undertaken by Vendor as an independent contractor with +axcltralve control of the manner, means, methods, equipment, and all other aspects of the BUSIness AcUty. Vendor shall not be, nor shall it be deemed to be, an employee or agent of Reaaoea relativb to the SualnQSa Activity, 2. Vendor shall hold Reaaoe °s harmless from the filing of any liens arising out of any work, labor, services, or rnaterfare perrcrmad or provided in connection with the 8uainess Activity, and gdatl Immediately cause any such lien t6 be r$leased or relmburse Reetsor's for to cost of doing so. 3. Vendor shall, to the fullest Wdesnt permitted by law and without negating or impalring any other indemnity obliggalon Vendor may owe neasor's, indemnify, defend, protect, and hotel harmless Rteasor'a, its alms, directors, employees, parents, Subsldlarles, and aftigates, from and sgalnat any alaimes, damages, losses, and expenses for personal lnjury, bodily injury, PmPy dttma , or other damage, Including but not limited to attorney's fees and costs whether suit is brought or not, r9rifting out of or related to Vendor's presence on tha property or the Business Activity undertaken by Vendor an the Property, �{. Vendor apocKtaliy aftumes all risk of teas, damage, or injury from whataver caUSB to property or persona toed, employed, or engaged In the Business Activity, or locsted upon the Property n during Vendor's occupancy thereof, and agrees to protect and defend •Reasors, its Officers, dtroot6m, employees, parents, subeldiarles, and sMilatea from and against all claims arising as a result ofsuch loss, damage, or injury. Thfs paragraph apocmcaily includes, without limitation, injuries M employees and customers of vendor. Vendor shall have in effect for the entire length of this agreement, Insurance palfcles3 with the foUawin9 minimum limits of lr*urance: Corttrrteroial Gsrtetnl Liability $1,000,000 820h occurrence '2,00o,00a General Aggregate 51,000,000 ProducWCOmpleted OPO Uons Occurrence $2,00e?,00tl ProducWComplated OperationsAggregaten SQQ,000 film Legal Liability 5,000 .Medical Paymenta DEB -23 -2011 09:0 Workers' Compensation Statutory Oklahoma Workers' Compensation Benefits. Employers' Liability. $100,000 Each PersorMury $500,000 Disease Limit $100,000 Each Personl0isease Comi,rletclal Auto $500,000 Bodily Injury/Properly Damage Combined Single Limit $500,000 Employers' Non -Owned Auto Liability Vendor shall provide a Certificate of Insurance providing evidence of these insumna:e coverages and shall name Reasor's LLC, 200 West Choctaw, Tahlequah, OK 74464 as Additional Insured and attach a Waiver of Subrogation for Reasor's LLC an all policies. Vendor agrees to provide $0 days notice of cancellation in the event of cancellation or non - renewal of all required insurance coverages. S. At the conclusion of Vendor's occupancy of the property, such occupancy to commence at o'clock .m. on MAR -C.tl 30 ?-Oil and end at o'clock .m. on u ,.t C 3 tU 'Z ` t t , Vendor shall restore the Property to the condition that existed prior to Vendor's cocupancy, Including, without limitation, repolt of any damage occurring during Vendor's' occupancy and removal of all trash, debris, and other materials accuniula6ng during Vendor's occupancy. if Vendor falls to mtum property to prior condition, then Rensor's reserves the right to hire an outside company to complete the work at the Vendor's expense. Vendoet obligations under this Agreement shall survive the period of Vendor's ocoupancy of the Property, and continue indefinitely. "Vendor" (Signature) ! kkc-L.L- -i it.5 (Print) :w�a vancMprrruav,�.,y µ„mar at»r4M.ma "Reasor's LLC" (Signature) _.. (Pont) T1p7:i1- PIM