Broken Arrow City Council
Meeting of: 07-16-2019
Title:
title
Consideration, discussion, and possible approval of BAZ-2031, Patrick Bromley, 0.30 acres, RM (Residential Multifamily) to R-2 (Single Family Residential), one-third mile west of 9th Street (Lynn Lane/177th East Avenue), south of Jasper Street (131st Street)
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Background:
BAZ-2031 is a request to change the zoning designation on 0.30-acres located one-third mile west of 9th Street (Lynn Lane/177th E. Avenue), south of Jasper Street (131st Street) at 8300 S. 4th Street. The property is presently zoned RM (Residential Multifamily). The RM zoning was approved by the City Council on January 17, 1972, as part of BAZ-307, which was part of four rezoning applications in the area. On January 20, 1972, Ordinance 416 was approved by the City Council that changed the zoning on the property from R-1 to R-5. On February 1, 2008, the Zoning Ordinance was updated and the R-5 district was changed to RM. When the Zoning Ordinance was updated in 2008, one of the changes made was that single-family detached was no longer a use permitted in the RM district. As a result, the single family detached use on the property is classified as a “Legal Nonconforming Use”.
Applicant is in the process of selling their home. As part of the mortgage survey for the buyer, the surveyor checked the zoning on the property and discovered that it was zoned “RM” and that the existing house was a legal nonconforming use. The mortgage company for the buyer requested that the zoning on the property be changed to bring the property into compliance with the zoning Ordinance.
The Future Development Guide of the Comprehensive Plan shows the site to be designated as a Level 2. The R-2 zoning being requested is considered to be in accordance with the Comprehensive Plan in Level 2. None of the property is located within a 100-year floodplain.
BAZ-2031 was reviewed by the Planning Commission on June 27, 2019. Staff had recommended that BAZ-2031 be approved to change the zoning on Lot 3, Block 1 of Indian Sprints Manor Addition from RM to R-2 and that platting be waived. Three people spoke on this item during the Public Hearing session. They all live in the area and their property is also zoned RM. They were concerned about the same thing occurring to them and the expense involved with having to rezone their property. After reviewing the information presented in the Staff report and listening to the comments expressed during the public hearing, the Planning Commission recommended approval (4-0) of BAZ-2031 as per Staff recommendation.
Cost: $0
Funding Source: None
Requested By: Larry R. Curtis, Acting Director of Community Development
Approved By: City Manager’s Office
Attachments: Published Planning Commission Staff Report
Case map for BAZ-2031
Aerial photo
Comprehensive Plan
Rezoning Application with change noted
Nonconforming Use of Land regulations from Zoning Ordinance
Email regarding zoning information letter
Email to applicant regarding modification to application form
Information associated with BAZ-307
Ordinance 416
Indian Springs Manor Addition plat
Letter to Frisco Title
Recommendation:
recommend
Approve BAZ-2031 as per Planning Commission and Staff recommendation.
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