Broken Arrow City Council
Meeting of: 07-03-2018
To: Mayor and City Council Members
From: Development Services Department
Title:
title
Consideration, discussion, and possible action regarding Planning Commission’s decision on May 24, 2018, to deny BAZ-2000, Angus Acres Perimeter Rezoning, approximately 15 acres, A-R-1 to ON, south and east of the southeast corner of Kenosha Street and 23rd Street
End
Background:
On May 24, 2018, the Planning Commission held a Public Hearing regarding an application that was submitted to change the zoning on approximately 15 acres located south and east of the southeast corner of Kenosha Street and 23rd Street from A-R-1 (Annexed Single Family Residential) to ON (Office Neighborhood). The Planning Commission conducted a thorough investigation of the request and listened intently to the information presented (four property owners who were part of the application spoke in favor of the rezoning request, and six property owners who were not part of the application, spoke in opposition). In addition, a petition expressing opposition to the rezoning request that contained 21 signatures was presented to the Planning Commission. The Planning Commission on a 3-2 vote, denied the application. On June 1, 2018, the applicant for BAZ-2000, who represented 11 property owners, submitted a request to appeal the Planning Commission’s decision. A letter that provided notice of the appeal of the Planning Commission’s decision was mailed on June 6, 2018, to the same property owners who received notice of the Planning Commission meeting.
The Angus Acres subdivision was annexed into the City of Broken Arrow on June 2, 1980, with Ordinance No. 833 and was given the zoning designation of A-R-1 (Annexed Single-Family Residential). The plat for the property, Angus Acres, was recorded in Wagoner County on December 31, 1957. Ten of the 11 lots included in the rezoning request have existing single-family homes. The other lot, which fronts onto 23rd Street, is currently vacant. During the Planning Commission meeting, several of the residents, both in support and in opposition to the rezoning request, acknowledged that they had lived in the neighborhood for a long time.
The restrictive covenants for Angus Acres state, “No lot shall be used except for residential purposes and no building shall be erected, altered, placed or permitted to remain on any lot other than two (2) single-story detached single family dwellings with private garage, for not more than two (2) cars for each such dwelling, prior to September 1, 1965, after which time, two (2) more dwelling may be placed on each lot.” The City of Broken Arrow cannot enforce private covenants. However, modification of the covenants to have office uses is something Staff has informed the applicant that they will need to address with the property owners in Angus Acres.
When Angus Acres was platted, 25 feet of right-of-way was dedicated along 23rd Street. Plans are in the process of being prepared to expand 23rd Street from two lanes to five lanes. As part of this expansion, 35 feet of additional right-of-way has been obtained on both sides of the section line. The lots in Angus Acres were originally 301 feet in width. These lots were split in half. Therefore, with right-of-way dedication, the lots next to 23rd Street are now approximately 115 feet in width.
Two of the property owners associated with the application live adjacent to 23rd Street. At the Planning Commission meeting, they acknowledged that their reason for seeking the change in zoning was for two reasons, noise from the abutting arterial street, and automobile accidents that occurred on 23rd Street that caused damage to their property. Residents who spoke in opposition to the rezoning request expressed concern that the value of their property would decrease with the change in zoning, that the proposed rezoning was in conflict with the restrictive covenants of Angus Acres, that some of the residents who presently look across the street at another single family house would be looking at a fence and office buildings, and that cut through traffic through the neighborhood would increase.
The property is designated as Level 2 in the Comprehensive Plan. ON zoning is identified as being “possible” with the Comprehensive Plan in Level 2. ON is considered to be in accordance with the Comprehensive Plan when the proposed ON zoning is located adjacent to an arterial street or is part of an expansion of an existing ON area, which is located adjacent to an arterial street. The ON requested with BAZ-2000 is located adjacent to Kenosha Street and 23rd Street. The ON zoning being requested could serve as a buffer between the commercial uses to the north and west and the remaining single-family uses in the Angus Acres neighborhood. Access to the office uses would need to be directly from Kenosha Street and 23rd Street and not to the streets that lead directly into the Angus Acres neighborhood. As a result, BAZ-2000 is considered to be in compliance with the Comprehensive Plan. Staff has described to the applicant the replatting process and the infrastructure requirements associated with replatting.
At the Planning Commission, Staff had recommended approval of BAZ-2000, subject to the property being replatted in accordance with the Subdivision Regulations and all future access to the property being from Kenosha Street or 23rd Street. This recommendation was based upon the Comprehensive Plan, and that the office zoning being requested would serve as a buffer between the commercial uses to the north and west. The Comprehensive Plan, however, does state, “Designation of parcels of land with a specific level of land use intensity does not mean that a piece of property should automatically be rezoned to the shown for that level. Decisions to change a zoning classification will also need to be based upon whether or not the change would be in agreement with the policies of the city, and if it is appropriate for that piece of property.” The Planning Commission conducted a thorough investigation of the rezoning request and listened intently to the information presented from Staff and the surrounding property owners and on a 3-2 vote, denied the rezoning request.
Cost: $0
Prepared By: Brent Murphy, AICP
Reviewed By: Development Services Department
Legal Department
Assistant City Manager, Operations
Approved By: Michael L. Spurgeon, City Manager
Attachments: 1-FACT SHEET.PLANNING COMMISSION
2-CASE MAP.PUD BAZ-2000
3-AERIAL PHOTO.BAZ-2000
4-COMPREHENSIVE PLAN.BAZ-2000
5-ANGUS ACRES PLAT
6-ORDINANCE NO. 833 ANNEXING ANGUS ACRES
7-LETTER OF APPEAL FROM DON STACEY SUBMITTED JUNE 1, 2018
8-JUNE 6, 2018, LETTER OF APPEAL NOTICE
9-PETITION PRESENTED TO PLANNING COMMISSION ON MAY 24, 2018
10-PETITION TO DENY REZONING OF ANGUS ACRES SUBMITTED JUNE 25, 2018
11-SUBMISSION FROM REZONING OPPONET PROPERTY OWNERS WITHIN ANGUS ACRES
Recommendation:
Deny BAZ-2000, based on Planning Commission findings and Staff recommendation.
BDM