I'll take it.

Thank you.

No.

Okay, we'll call the uh this meeting of the Broken Arrow Board of Adjustment to order.

Roll call.

Michelle Bergwall here.

Rebecca Hinkle.

Here, Kamara Washington.

George Jessquire.

Here.

Judd Hatch.

Here okay.

First item is the consideration of consent agenda for the minutes of our July meeting.

Anyone have any questions?

I don't think so.

We have a motion to approve.

I motion to approve.

Second.

Michelle Bergwall.

Yes.

Rebecca Hickel.

Yes.

George Jessquire?

Yes.

Judd Hatch.

Yes.

Okay.

We are ready for the public hearing portion.

Uh item 4A.

Good evening, board members.

Appeal number 002946-2026 is an appeal of three citations related to zoning violations.

The numbers are included in the title up on your screen and in your packet for violations of the industrial light zoning district rules and regulations issued on June 9th, 2026.

Each of these violations pertain to a separate parcel, uh, where D processing LLC conducts their business operations and include 21,900 East 96th Street, 9600 South 219th East Avenue, and 9750 South 219th East Avenue, as shown on the attached location map.

There were initially four uh zoning violations and citations.

However, citation number four four six four five three was voided, and the zoning violation case ZON-02539-2025 was closed as resolved when it was determined that no manufacturing is occurring on this parcel.

The City of Broken Arrow received numerous complaints in 2025 and 2026 from a property owner who lives in the vicinity of D processing LLC.

The complaints included objectionable noise, dust, vibrations, and indicated that not all manufacturing was being conducted within an enclosed structure stemming from the industrial operations.

Code enforcement and building inspection staff conducted an inspection of the property that revealed the existence of conditions that violate the City of Broken Arrow zoning code related to commercial and industrial districts.

This section of the code states that uses within the industrial light district are to conduct all operations entirely within an enclosed building and cannot produce airborne emissions, objectionable noise, glare, odor, vibrations, or dust associated with the industrial operations.

The appellant filed a previous notice of appeal, however, it could not be heard by the Board of Adjustment because it was deemed untimely.

So new uh citations were issued, and the appellants subsequently filed the current appeal related to the zoning violations.

The City of Broken Arrow Zoning Ordinance, Section 6-3-5.3B1A states that all administrative decisions or any order requirement permit decision determination refusal or interpretation made by the director in interpreting and or enforcing the provisions of this ordinance may be appealed to the Board of Adjustment.

Therefore, this appeal of the community development department director's decision to cite the business owner for zoning code violations is before this board for consideration.

The appellant states that DB processing has taken measures to address the violations that include moving materials to the opposite side of the building away from the nearby residential use, prohibiting the playing of music, prohibiting the dumping of scrap materials at night, limiting the use of forklifts at night, purchasing a water truck to reduce dust, monitoring noise levels, and changing other practices as outlined in the attached notice of second appeal.

The appellant on the behalf of DB processing requests that the zoning notices or citations be overturned due to D's compliance with the applicable zoning ordinance.

And that D and B processing measures noise from its operations and has hired B D Hyduck, if I'm saying that correctly, acoustics LLC to conduct a noise assessment in the area where DMB processing is operating.

And that noise assessment is included as an attachment to this staff report.

DB processing has constructed an eight-foot-high concrete wall to help in mitigating that potential noise.

The Board of Adjustment will need to determine if the administrative decision was appropriate, given the record of the case and the evidence presented, and that the decision reflects the requirements contained in the zoning ordinance.

Further, Section 6-3-5.3C of the Broken Arrow Zoning Ordinance explicitly states that a decision on an appeal decision cannot grant or issue a variance as referenced in section 6-3-5.3C2.

Staff have reviewed the record of the case and the evidence presented and have determined that the industrial operations by D and B processing violated the zoning ordinance, Section 2-1-2D.

And so based on the broken arrow zoning ordinance, section 2-1-2D, the record of the case and the evidence presented.

Staff recommends that appeal 002946-2026 be denied.

Could we start with the actual letter of citation?

What that actually citation said.

That was included in the packet circulator, yeah.

Can we review it here?

Yes.

Well item number one.

Well, review it after we've heard from the appearance.