LEGISLATIVE RESEARCH CENTER
File #: 24-203    Name:
Type: Consent Item Status: Agenda Ready
File created: 1/31/2024 In control: Broken Arrow City Council
On agenda: 2/6/2024 Final action:
Title: Approval of SP-001224-2023 (Specific Use Permit), Christian Brothers Automotive, 1.5 acres, A-1 (Agriculture) to CG (Commercial General)/SP-001224-2023, north of the northwest corner of County Line (South 193rd East Avenue), and East Albany Street (East 61st Street)
Attachments: 1. 1. Published Planning Commission Staff Report, 2. 2. Casemap, 3. 3. Aerial, 4. 4. Conceptual Exhibit, 5. 5. BAZ-1643 STAFF REPORT, 6. 6. BAZ-1643 CASE MAP
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Broken Arrow City Council

Meeting of: 2-6-2024

 

Title:

title

Approval of SP-001224-2023 (Specific Use Permit), Christian Brothers Automotive, 1.5 acres, A-1 (Agriculture) to CG (Commercial General)/SP-001224-2023, north of the northwest corner of County Line (South 193rd East Avenue), and East Albany Street (East 61st Street)

End

 

Background:

BAZ-001223-2023 and SP-001224-2023 is a request to change the zoning designation on 1.5 acres from A-1 (Agriculture) to CG (Commercial General)/SP-001224-2023. The property is located approximately north of the northwest corner of County Line (South 193rd East Avenue), and East Albany Street (East 61st Street) and is currently un-platted.

 

BAZ-001223-2023 is included in this application but was then found out to be a repetitive zoning request. For this reason, BAZ-001223-2023 is being withdrawn. BAZ-1643 was a request to change the zoning on this property (as well as the surrounding property, the case map is included in the packet) from A-1 (Agriculture) to CG (Commercial General). BAZ-1643 was approved by City Council on July 6th, 2004, subject to the property being platted. This property has never been platted, so the approved zoning has not gone into effect, and the zoning map was never changed.

 

The zoning ordinance is in the final stages of being updated. In the last rendition of the zoning ordinance, which was approved by Planning Commission and City Council, property being rezoned is no longer approved subject to platting. For this reason, staff is requesting that with this application BAZ-1643 be implemented for this site, and that platting be waived. This will facilitate a lot split on the property, which will allow for the platting and proposed development.

 

The applicant is intending to build an automotive repair center. Vehicle Service and Repair, Minor is permitted by right in the CG district. Vehicle Service and Repair, Major is not permitted in the CG district. Vehicle Service and Repair major is defined as:

“An establishment engaged in the major repair and maintenance of automobiles, motorcycles, trucks, vans, trailers, recreational vehicles, boats, mobile homes, or snowmobiles. Services include engine, transmission, or differential repair or replacement; body, fender, or upholstery work; and painting.”

Christian Brothers Automotive does a small amount of major automotive repair, so they have submitted SP-001224-2023, which states:

The permit holder is authorized to conduct engine work within the scope of their business operations. Major engine repairs such as replacements, shall not exceed 5% of the total business conducted on the premises. Additionally, the permit holder is not authorized to engage in the rebuilding of engines or transmissions on the premises.

 

Staff thinks that a specific use permit is the appropriate tool to allow for this use, and we agree with the safeguards that Christian Brothers has put in place to protect the neighbors.

 

On January 11th, 2024 Planning Commission recommended approval of SP-001224-2024 per staff recommendation with a 4-0-1 vote.

 

Staff recommended that SP-001224-2023 be approved, and that BAZ-1643 be partially implemented, and platting be waived for this property.

 

No one spoke in favor of or in opposition to this proposed specific use permit.

 

Cost:                                                                $0

Funding Source:                     None

Requested By:                      Grant Rissler, Acting Director of Community Development

Approved By:                      City Manager’s Office

Attachments:                                          Published Planning Commission Staff report
                                    Case Map
                                    Aerial photo
                                    Conceptual Exhibit
                                    BAZ-1643 Staff Report
                                    BAZ-1643 Casemap
                                   

Recommendation:

recommend

Approve SP-001224-2023 per Planning Commission and Staff recommendation.

end