LEGISLATIVE RESEARCH CENTER
File #: 18-394    Name:
Type: Public Hearings Status: Agenda Ready
File created: 3/26/2018 In control: Planning Commission
On agenda: 4/12/2018 Final action: 4/12/2018
Title: Public hearing, consideration, and possible action regarding BAZ- 1999, Lovelle Properties, Inc., 2.23 acres, A-1 and R-1 to R-2, one-quarter mile west of Ninth Street, north of New Orleans Street
Attachments: 1. 2-CASE MAP.BAZ-1999, 2. 3-AERIAL.BAZ-1999, 3. 4-COMP PLAN.BAZ 1999, 4. 5-AERIAL SHOWING ALL CHANGES
Related files: 18-473

Broken Arrow Planning Commission

04-12-2018

 

To:                     Chairman and Commission Members

From:                     Development Services Department

Title: 

title

                     Public hearing, consideration, and possible action regarding BAZ- 1999, Lovelle Properties, Inc., 2.23 acres, A-1 and R-1 to R-2, one-quarter mile west of Ninth Street, north of New Orleans Street

End

 

Background:

Applicant:                                          Nathan Lovelle, Lovelle Properties, LLC

Owner:                     Lovelle Properties, LLC

Developer:                                          Lovelle Properties, LLC 

Surveyor:                                          Charles D. Cahill, Lemke Land Surveying, LLC

Location:                     One-quarter mile west of Ninth Street, north of New Orleans Street

Size of Tract                                          2.23 acres

Number of Lots:                     2

Present Zoning:                     A-1 and R-1

Proposed Zoning:                     R-2

Comp Plan:                                          Level 3 (Transition Area)

 

BAZ-1999 is a request to change the zoning designation on a 2.23-acre parcel from A-1 (Agricultural) and R-1 (Single-Family Residential) to R-2 (Single-Family Residential).  The unplatted, vacant property is located one-quarter mile west of Ninth Street, north of New Orleans Street.  In conjunction with BAZ-1999, BAL-2030, a request for a lot split on part of the property associated with the rezoning request, has also been submitted. 

 

Previously, on November 16, 2017, the Planning Commission approved BAL-2027CB, a request for a lot combination of two parcels owned by Nathan Lovelle and Kimberly Lovelle located one-eighth mile north of New Orleans Street, west of 9th Street.  BAL-2027CB was approved subject to right-of-way and utility easements being dedicated in accordance with the Subdivision Regulations (50-feet of right-of-way along with a 17.5-foot utility easement) along the west side of 9th Street, a secondary arterial street.  The right-of-way and utility easement along 9th Street have been recorded in Tulsa County.

 

The property that is presently zoned R-1 is an existing lot.  With BAL-2030, applicant is proposing to split the south 1.38 acres of their 15.18 acre parcel, which is zoned A-1, and attach it to the existing lot with R-1 zoning.  To bring this overall property into compliance with the Zoning Ordinance, they are requesting that the zoning be changed to R-2.

 

In anticipation of the same requirement for right-of-way and utility easement dedication along New Orleans Street as was done with BAL-2027CB, the applicant/owner (Lovelle Properties, LLC) submitted an application requesting the acceptance of a sixty-foot wide deed of dedication along the north side of New Orleans Street, which is classified as a primary arterial street.  In addition, 17.5 feet of utility easement was provided.  These documents were accepted by the City Council on March 20, 2018, and have been recorded in Tulsa County.

 

According to the FEMA maps, none of the property is located within a 100-year floodplain area.  

                     

Surrounding land uses and zoning classifications include the following:

 

North:                                          A-1                                                                                    One single family residence

East:                                          A-1                                                                                    Undeveloped

South:                                          A-1 and R-1                                                               Large lot single family residential

West:                                          A-R-1                                                                                    Undeveloped/100-year floodplain

 

The property is designated as Level 3 in the Comprehensive Plan.  R-2 zoning is identified as being “possible” with the Comprehensive Plan in Level 3.  Applicant’s overall property, which was part of BAL-2027CB abuts PUD-135A/R-2 to the north.  R-2 is considered to be in accordance with the Comprehensive Plan when the proposed R-2 zoning is an extension of an adjacent R-2, RS-2, R-3, or RS-3 district and would not preclude access to a potential higher intensity use from an arterial street.  The R-2 requested with BAZ-1999 is considered to be in compliance with the Comprehensive Plan.

 

Attachments:                                Case map
                                   Aerial photo
                                   Comprehensive Plan
                                   Aerial showing all changes                      

 

Recommendation:                      

The property associated with BAZ-1999 has not been platted.  On March 20, 2018, the City Council accepted a deed of dedication for 60 feet of right-of -way along New Orleans Street.  In addition, 17.5 feet of utility easement was provided along New Orleans Street.  The right-of-way and utility easement dedications meet the requirements of the Subdivision Regulations.

 

Based on the Comprehensive Plan, the location of the property, and the surrounding land uses, Staff recommends that BAZ-1999 be approved.  Since right-of-way and utility easements have been provided in accordance with the Subdivision Regulations, Staff recommends that platting be waived.

 

Reviewed by:  Larry Curtis

 

Approved by:  Michael Skates
                     

BDM