LEGISLATIVE RESEARCH CENTER
File #: 16-134    Name:
Type: Preview Ordinance Status: Adoption
File created: 1/29/2016 In control: Broken Arrow City Council
On agenda: 2/2/2016 Final action:
Title: Consideration, discussion and possible preview of an ordinance temporarily establishing an alternative process for the review and issuance of building permits for buildings or structures designed for residential uses and proposed for location in downtown Broken Arrow, more specifically described as the one-half square mile area south of Kenosha Street, north of Houston Street, east of Elm Place and west of First Street; providing for an appeal process; providing effective and repeal dates; providing severability; and declaring an emergency
Attachments: 1. 12-16-2015 MORATORIUM ON BUILDING PERMITS - ARKANSAS RIVER DESIGN OVERLAY DISTRICT.pdf

Broken Arrow City Council

                                                                                               Meeting of: 02-02-2016

                                                                                    

To:                     Mayor and City Council

From:                     Office of the City Attorney

Title: 

title

                     Consideration, discussion and possible preview of an ordinance temporarily establishing an alternative process for the review and issuance of building permits for buildings or structures designed for residential uses and proposed for location in downtown Broken Arrow, more specifically described as the one-half square mile area south of Kenosha Street, north of Houston Street, east of Elm Place and west of First Street; providing for an appeal process; providing effective and repeal dates; providing severability; and declaring an emergency

End

Background:

Downtown Broken Arrow has reinvented itself several times with the adoption of the 2005 Downtown Master Plan, establishment of the Rose District, and ongoing beautification and infrastructure projects.  Establishing an Arts and Entertainment District in the downtown area, has resulted in the attraction of new mixed use developments, including restaurants, retail stores, residential lots and offices along Main Street and within the Rose District. The current downtown maintains a core of museums, a farmers market, churches, city offices, long established banks, restaurants, clothing retail, furniture specialty stores, manufacturing, aviation simulation and many other businesses. Over 100 businesses, churches and services are located in the corridor around downtown and within the Rose District.

 

Additionally, the downtown area includes more than twelve (12) different residentially platted subdivisions that were recorded in the early part of the Twentieth Century. Residential structures within these subdivisions are in varying conditions. Staff believes that residential development and growth in the Rose District should be managed in order to provide lasting benefits to the land area within the immediate vicinity of downtown, and to the community as a whole.  As the Council is aware, City Staff is actively studying the feasibility of maintaining and improving existing infrastructure and establishing new infrastructure within the Rose District.  Orderly growth of residential development should be in tandem with these improvements.

 

The City Manager is in the process of forming a steering committee to be known as the “Coordinating Committee.” The Committee will make recommendations for updates to the overlay zoning district in downtown, and to recommend residential development standards for the Rose District, including limitation of uses, and design and location standards.

 

It is contemplated that the Coordinating Committee will seek proposals for updated residential development standards and it is anticipated that an ordinance establishing the overlay district will be proposed for consideration by the Council on or before September 16, 2016.

 

In order that the purposes contemplated by updates to the residential overlay zoning district not be frustrated and to allow the Coordinating Committee the necessary time to complete development of the proposed district and to hold public hearings, to allow the Planning Commission to make its recommendations regarding the proposed overlay zoning district and related development standards, it is advisable to temporarily establish an alternative process for the review and issuance of building permits.

 

The attached Ordinance provides for an additional layer of review for residential building permits in this area.  The Coordinating Committee will review any applications for residential construction and make a recommendation to Staff for approval or denial.  Should Staff deny a permit or impose conditions unfavorable to an applicant, they may appeal to the City Council.  Importantly, this Ordinance will expire by its own terms on September 16, 2016.  The timeframe can be expanded by further Council action if necessary.

 

Staff recommends that the Council preview the Ordinance and set it for adoption at the next meeting.

 

Cost:                                                                $0

Prepared By:                                           Beth Anne Wilkening, City Attorney

Reviewed By:                                          Acting Assistant City Manager
                                    Development Services Department
                                    Engineering and Construction Department
                                   

 

Approved By:                      Michael L. Spurgeon, City Manager
                                                                   

Attachments:                                          Preview Ordinance

Recommendation:

Preview Ordinance and set for adoption