Broken Arrow City Council
10-17-2017
To: Mayor and City Council Members
From: Development Services Department
Title:
title
Approval of SP-285 (Specific Use Permit), and Abrogation of SP-164, The Ridge at Broken Arrow, 12.0028 acres, A-1, east of 37th Street, one-third mile south of Kenosha Street
End
Background:
SP-285 is a request for a Specific Use Permit for a place of assembly for The Ridge at Broken Arrow. The property is zoned A-1 and is located east of 37th Street, one-third mile south of Kenosha Street.
A Specific Use Permit was previously approved for this site (SP-164) for Tee Town Golf Ranch on January 22, 2002 to allow a golf driving range, subject to the property being platted. The property was platted on June 5, 2002 and filed in Wagoner County. Tee Town Golf Ranch has since closed, and the applicant has requested to abrogate SP-164.
The recorded plat for Tee Town Golf Ranch includes use and development restrictions within the covenants that limit the use to outdoor recreation facilities and to uses accessory to a golf driving range. The covenants allow for the restrictions to be amended or terminated by written instrument and signed by the Planning Commission, its successors, and owners of a majority of the lots within the subdivision. The applicant is drafting a separate written instrument for the Planning Commission’s signature to amend the use restrictions on the plat and will return to Planning Commission at a later date.
The current proposal is for a Specific Use Permit for a place of assembly on a portion of Lot 1 Block 1 of the Tee Town Golf Ranch plat that will be used by The Ridge at Broken Arrow. The applicant has also submitted an application for a lot split to subdivide the site into three parcels (BAL-2026) that was approved by the Planning Commission (5-0 vote) at its meeting on October 12, 2017. The Ridge at Broken Arrow proposes to remodel and use the existing 4,000-square-foot Pro Shop building on the site for the proposed church. The applicant also proposes to use the site for outdoor recreation including soccer and similar uses.
The Broken Arrow Zoning Ordinance (updated in 2008) requires all places of assembly within agricultural and residential zoning districts to have a Specific Use Permit (Section 3.2.B.6). A minimum of five acres is required for parcels utilizing a septic system. At just over 12 acres, this proposal meets the area requirement. There is an existing 12-inch water line along 37th Street. The existing buildings on site meet the setback requirements.
Section 5.4.D of the Zoning Ordinance indicates a parking requirement for places of assembly of one space per 4 seats in the meeting area. Currently, The Ridge at Broken Arrow has a congregation of 80 to 100 people requiring 25 parking spaces. The existing parking on the site has 82 parking spaces including 79 standard and three handicap spaces, thereby exceeding the parking required for the assembly use. Vehicular access to the property will be from the existing driveways along 37th Street, south of Kenosha Street.
Landscaping and driving range lighting is existing. The applicant proposes to turn off the driving range lighting by 10:00 p.m. New parking lot and building lighting is proposed to be installed in accordance with Section 5.6 of the Zoning Ordinance. Any modifications to the site will be subject to staff review of a site and landscape plan to ensure that it is completed in accordance with the Zoning Ordinance, and a photometric plan is to be submitted to show that light will not spill over onto adjacent properties.
According to Section 5.7.E.2, freestanding signs within agricultural and residential zoning districts, and are located on lots used for institutional uses, are permitted a sign that does not exceed 32 square feet in area or eight feet in height. Signs may exceed these requirements through the PUD or Specific Use Permit process. The applicant has indicated that signs will be installed in accordance with Section 5.7 of the City of Broken Arrow Zoning Ordinance.
Surrounding land uses and zoning classifications include the following:
North: A-1 Undeveloped
East: A-1 Creek Turnpike and Undeveloped beyond
South: A-1 Undeveloped
West: A-1 Undeveloped
According to the FEMA maps, the property is not located in a 100-year floodplain area. Three reserve areas exist on the site that serve as stormwater detention facilities that serve the entire site.
The Comprehensive Plan designation for the subject parcel is Level 4 (Commercial/Employment Nodes). The zoning designation on the property of A-1 (Agricultural) is not consistent with the land use designation of Level 4 (Commercial/Employment Nodes); however, a place of assembly is permitted in an A-1 zoning district with approval of a Specific Use Permit.
Policy C-P1 of the Comprehensive Plan states, “The City shall refrain from approving requests for Special Permits for uses which could affect ability to attract quality dining or entertainment facilities within or immediately adjacent to existing or future commercial districts (Level 4 and 6 areas) as identified in the Future Development Guide.” According to the Oklahoma Alcohol Beverage Administrative Code (ABLE) Commission, Section 45:10-3-32, establishments that serve alcoholic beverages are prohibited from locating within three hundred feet of a school or church property. There are not presently any businesses that would be impacted by this separation requirement. In the past, the City has allowed places of assembly to locate in commercially zoned areas with a two-year time limit.
The Planning Commission, in their meeting of October 12, 2017, concurred with Staff and recommended approval (5-0 vote) of SP-285 subject to the ten conditions recommended by staff including the abrogation of SP-164. There were no speakers on this item.
Cost: $0
Prepared By: Jane Wyrick, Planner II
Reviewed By: Development Services Department
Assistant City Manager, Operations
Legal Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Published Planning Commission Fact Sheet
Case map
Aerial
Conceptual Site Plan
Tee Town Golf Ranch Plat
Specific Use Permit Proposal
Site Plan
Request to Abrogate SP-164
Recommendation:
Approve SP-285 (Specific Use Permit) for The Ridge at Broken Arrow and abrogate SP-164 as recommended by Staff and the Planning Commission.
JMW