Broken Arrow Planning Commission
10-08-2020
To: Chairman and Commission Members
From: Development Services Department
Title:
title
Public hearing, consideration, and possible action regarding BAZ-2068 (Rezoning), Medwise Urgent Care South, 29.18 acres, A-1 (Agricultural)/SP-270 (Specific Use Permit) to CN (Commercial Neighborhood) and ON (Office Neighborhood), south of the Creek Turnpike, east of Elm Place (161st East Avenue)
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Background:
Applicant: Mark Zelnik
Owner: Life Covenant Church, Inc.
Developer: Life Covenant Church, Inc.
Surveyor: Tanner Consulting, LLC
Location: South of the Creek Turnpike, east of Elm Place (161st East Avenue)
Size of Tract 29.18 acres
Number of Lots: 1
Present Zoning: A-1/SP-270
Proposed Zoning: ON and CN/SP-270
Comp Plan: Level 4 (Commercial/ Employment Nodes) and Level 2 (Urban Residential)
BAZ-2068 is a request to change the zoning designation on a 29.18-acre tract from A-1 (Agricultural)/SP-270 to CN (Commercial Neighborhood) and ON (Office Neighborhood). The property has been platted as Lot 1, Block 1, Lifechurch.tv Broken Arrow South.
The applicant is proposing to rezone the east 27.97 acres, to ON for the LifeChurch property. The west 1.21 acres is requested to be rezoned to CN for a proposed urgent care facility. With the current A-1 zoning designation, the property is required to have 330-feet of street frontage. In order to split the property and have both new parcels meet the street frontage requirements, a rezoning in necessary. The proposed ON and CN zoning districts were chosen based on the current and proposed uses of the property.
A Specific Use Permit, SP-270, was approved on this property on August 6, 2013 by the City Council. Section 3.2.B.6 of the Zoning Ordinance states that where an assembly use is originally approved by a specific use or PUD, any subsequent associated development which increases the intensity of the use on the site by more than what has been approved shall require an amendment to the specific use or PUD. In order to allow the proposed urgent care facility, SP-270 needs to be abrogated on the portion of the property being rezoned to CN. The remainder of the property, which is being requested to be rezoned to ON, will retain the provisions of SP-270. If any change of use is proposed on this property, the property owner will need to submit an application to amend the specific use permit.
Access to this property is through a private drive located to the south of the Creek Turnpike. The property plat has a limits of no access along the northwest boundary of the property. Any newly created parcel will be required to utilize the existing LifeChurch driveway and obtain a mutual access easement. No future access points shall be allowed onto Elm Place.
Surrounding land uses and zoning classifications include the following:
North: A-1 Creek Turnpike
East: A-1 Undeveloped
South: R-2 Single-Family Residential
West: CG Commercial Development
This property is in Level 4 (Commercial/Employment Node) and Level 2 (Urban Residential) of the Comprehensive Plan. CN is considered to be in accordance with the Comprehensive Plan in Level 4. ON is considered in accordance with the Comprehensive Plan in Level 2, provided the site is located adjacent to an arterial street and none of the traffic from the ON area shall utilize roads that pass through a single-family residential neighborhood. According to the FEMA maps, none of the property is located in a 100-year floodplain area.
Attachments: Case map for BAZ-2063
Aerial photo
Comprehensive Plan
Exhibit A
Recommendation:
Based on the Comprehensive Plan, the location of the property, and the surrounding land uses, Staff recommends that BAZ-2068 be approved subject to the following conditions:
1. Access to any future development on the CN property be through a mutual access easement to the existing drive onto Elm Place.
2. The portion of SP-270 in the area being rezoned to CN shall be abrogated.
3. Any change in use of the ON property shall require an update to SP-270.
Reviewed by: Jill Ferenc
Approved by: Larry R. Curtis
ALY