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LEGISLATIVE RESEARCH CENTER
File #: 22-750    Name:
Type: Public Hearings Status: Agenda Ready
File created: 6/2/2022 In control: Planning Commission
On agenda: 6/9/2022 Final action: 6/9/2022
Title: Public hearing, consideration, and possible action regarding BAZ-2110 (Rezoning), New Orleans Plaza, 9.10 acres, A-CN (Annexed Commercial Neighborhood) to CG (Commercial General) located at the southeast corner of New Orleans Street (101st Street) and 23rd Street (County Line Road)
Attachments: 1. 2-CASE MAP, 2. 3-AERIAL, 3. 4-COMPREHENSIVE PLAN, 4. 5-EXHIBIT OF COMPREHENSIVE PLAN VS CURRENT PLAT, 5. 6-Elmwood Estates IV Commercial Property Plat, 6. 7-Ordinance No. 2310

Broken Arrow Planning Commission

06-09-2022

 

To:                     Chairman and Commission Members

From:                     Community Development Department

Title: 

title

Public hearing, consideration, and possible action regarding BAZ-2110 (Rezoning), New Orleans Plaza, 9.10 acres, A-CN (Annexed Commercial Neighborhood) to CG (Commercial General) located at the southeast corner of New Orleans Street (101st Street) and 23rd Street (County Line Road)

End

 

Background:

Applicant:                                          Alan Betchan, AAB Engineering, LLC

Owner:                     Storybook Prop. Inc.

Developer:                                          Storybook Prop. Inc.

Engineer:                                          Alan Betchan, AAB Engineering

Location:                     Southeast corner of New Orleans Street (101st Street) and 23rd Street (County Line Road)

Size of Tract                                          9.10 acres

Number of Lots:                     10

Present Zoning:                     A-CN (Annexed Commercial Neighborhood)

Proposed Zoning:                     CG (Commercial General)

Comp Plan:                                          Level 1 (Rural Residential), Level 4 (Commercial/Employment Nodes), and Greenway/Floodplain

 

BAZ-2110 is a request to change the zoning designation on 9.10 acres from A-CN (Annexed Commercial Neighborhood) to CG (Commercial General). The property is located at the southeast corner of New Orleans Street (101st Street) and 23rd Street (County Line Road). The property was platted in Wagoner County as Tracts 1-10, Elmwood Estates IV Commercial Property on February 26, 1984. Annexation of this property occurred with Ordinance No. 2301 on September 18, 2000. At the time of annexation, the zoning district AC-3 (now A-CN) was assigned to the property.

 

Since the time the newspaper and public notices were sent, Staff has reviewed the request and found that the eastern portion of the property is designated as Level 1 in the Comprehensive Plan The CG zoning being requested is not permitted in Level 1. Due to these findings, staff recommends that only the portion of the property designated as Level 4 be rezoned to CG at this time. The applicant has been made aware of the situation and is in agreement to request a change to the comprehensive plan designation and zoning on the eastern portion of the property at a later date.

 

 

 

 

SURROUNDING LAND USES/ZONING/COMPREHENSIVE PLAN

 

The surrounding properties contain the following uses, along with the following development guide and zoning designations:

 

Location

Comprehensive Plan

Zoning

Land Use

North

Greenway/Floodplain & Private Recreation

A-1

Boy Scout Ranch

East

Level 1

A-R-1

Large Lot Single-Family Residential

South

Level 1

A-R-1

Large Lot Single-Family Residential

West

Level 4

AG

Tulsa County Undeveloped

 

The property is designated as Level 1, Level 4, and Greenway/Floodplain in the Comprehensive Plan. The CG zoning being requested is in accordance with the Comprehensive Plan in Level 4, however Level 1 does not support the requested zoning district. The areas currently platted as 194th East Avenue and Tracts 8, 9, and 10 shall not be rezoned as part of BAZ-2110.

 

According to FEMA’s National Flood Hazard Layer, a significant portion of the eastern side of the property is located within the 100-year floodplain. This area will be required to be platted as a reserve area and designated as FD (Flood District) at such time that the property is rezoned in accordance with the Comprehensive Plan.

 

Attachments:                      Case Map
                         Aerial
                         Comprehensive Plan
                         Exhibit of Comprehensive Plan VS Current Plat
                         Elmwood Estates IV Commercial Property Plat
                         Ordinance No. 2301
                      

Recommendation:                      

 

Based upon the location of the property, annexed zoning designation, and surrounding land uses, Staff recommends that BAZ-2110 be approved only for the tracts currently platted as Tracts 1-7, Elmwood Estates IV Commercial Property, which are located in the area designated as Level 4 in the Comprehensive Plan. This change in zoning shall be subject to the property being platted.

 

Reviewed and approved by:  Jill Ferenc                     

 

ALY