Broken Arrow City Council
Meeting of: 03-06-2018
To: Mayor and City Council Members
From: Development Services Department
Title:
title
Approval of PUD-274 (Planned Unit Development) and BAZ-1996 (Rezoning), Doc’s Container Storage, 0.40 acres, A-1 to PUD-274/IL, located one-half mile north of Houston Street, one-quarter mile east of 23rd Street, on Old Highway 51
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Background:
Planned Unit Development (PUD) 274 and BAZ-1996 involve a 0.40 acre parcel located one-half mile north of Houston Street, one-quarter mile east of 23rd Street, on Old Highway 51. Applicant is requesting that the zoning on the property be changed from A-1 to PUD-274/IL. The property was annexed into the City Limits of Broken Arrow on October 6, 1986, with Ordinance 1427.
Storage containers, which are being used for mini-storage, were placed on the site in 2014 without any knowledge or approval by the City of Broken Arrow. According to the applicant, he made a telephone call to the City of Broken Arrow and talked to someone, does not remember who, and was told it was okay to place the storage containers on the property. The property is presently zoned A-1, which does not allow mini-storage.
The property was platted in 1953 as Lot 1, Block 2, Couch Addition. This plat was recorded in Wagoner County prior to being in the City Limits of Broken Arrow. Therefore, the property has not been developed to City of Broken Arrow standards. A site plan was never submitted to or approved by the City of Broken Arrow. The current use of the property was discovered by City Staff when an inquiry was made by someone else who wanted to develop something similar. Upon discovering the existing use, the property owner was contacted by Code Enforcement on August 29, 2017, notifying them that they needed to come into compliance with the Zoning Ordinance. Staff met with the applicant on September 19, 2017, and advised what needed to be submitted. With PUD-274 and BAZ-1996, applicant is proceeding with the process to bring the property into compliance. PUD 274 will be developed in accordance with the Zoning Ordinance and the use and development regulations of the IL district except for the modifications that are summarized in the Planning Commission Staff report.
None of the property is located in a 100-year floodplain area.
The property associated with PUD-274 and BAZ-1996 is shown in the Comprehensive Plan as Level 6. The IL zoning requested with BAZ-1996 is considered to be in compliance with the Comprehensive Plan in Level 6 when submitted with a PUD.
An existing off-premise advertising sign is located on the property next to the Muskogee Turnpike. According to aerial photographs, this sign has been located on the site since at least 1995. Off-premise advertising signs are not permitted by the Zoning Ordinance, but the existing sign is allowed to remain as a legal nonconforming structure. According to Section 8.1.A of the Zoning Ordinance, “While nonconformities may continue, this chapter (i.e. Chapter 8) is intended to achieve their eventual elimination, in order to preserve the integrity of this Ordinance and the character of the City.” In similar PUD’s that contain off-premise advertising signs, Staff has recommended and the Planning Commission and City Council have concurred that the existing leases on the off-premise advertising signs shall not be renewed or extended.
The Planning Commission, in their meeting of February 8, 2018, concurred with Staff and recommended approval (3-0 vote) of PUD-273 and BAZ-1995, subject to the property being platted and the design statement modified to reflect that the existing off-premise sign being removed when the current lease expires, which according to the applicant is in about 10 years. Applicant acknowledged they were in agreement with the Staff report. The design statement has been modified as recommended by the Planning Commission. There were no protestants.
Cost: $0
Prepared By: Brent Murphy, AICP, Senior Planner
Reviewed By: Development Services Department
Legal Department
Assistant City Manager, Operations
Approved By: Michael L. Spurgeon, City Manager
Attachments: Planning Commission Fact Sheet
Case map
Aerial photo
Comprehensive Plan
PUD-274 design statement
Couch Addition recorded plat
Section 8.1.A of the Zoning Ordinance
Pictures of the site looking northeast
Recommendation:
Approve PUD 274 and BAZ-1996 as recommended by Planning Commission and Staff.
BDM