LEGISLATIVE RESEARCH CENTER
File #: 18-205    Name:
Type: Public Hearings Status: Agenda Ready
File created: 1/19/2018 In control: Planning Commission
On agenda: 1/25/2018 Final action:
Title: Public hearing, consideration, and possible action regarding PUD (Planned Unit Development) 272, Restore House 0.64 acres, DM to PUD-272/DM, on the northwest corner of West Knoxville Street and South Main Street
Attachments: 1. 1-PUD-272.CASE MAP, 2. 2-PUD 272 Aerial Map, 3. 3-Comp Plan 14-18-14, 4. 4-PUD-272 DESIGN STATEMENT
Related files: 18-268

Broken Arrow Planning Commission

01-25-2018

 

To:                     Chairman and Commission Members

From:                     Development Services Department

Title: 

title

                     Public hearing, consideration, and possible action regarding PUD (Planned Unit Development) 272, Restore House 0.64 acres, DM to PUD-272/DM, on the northwest corner of West Knoxville Street and South Main Street

End

 

Background:

Applicant:                                          Restore House LLC

Owner:                     Nick & Jaime Parker

Developer:                                          Nike & Jaime Parker

Engineer:                                          N/A

Location:                     Northwest corner of West Knoxville Street and South Main Street.

Size of Tract                                          0.64 acres

Number of Lots:                     1

Present Zoning:                     DM

Proposed Zoning:                     PUD 272/DM

Comp Plan:                                          Level 5

 

Planned Unit Development (PUD)-272 involves a 0.64-acre tract located on the northwest corner of West Knoxville Street and South Main Street.  Applicant is proposing use the existing building and structure for an outdoor event facility.  According to the applicant, the proposed “Restore House” will provide a casual place offering comfortable space for weddings, parties, gatherings, and photographers.

 

On June 15, 2015, the Broken Arrow City Council approved a rezoning of the property from R-3 (Single Family Residential District) to DM (Downtown Mixed Use Core District) for commercial use.

 

Facilities used as primarily as event centers, such as the proposed “Restore House”, are categorized as Places of Assembly and are allowed in by right in ON (Office Neighborhood) zoning districts or by Specific Use Permit within all Agricultural, Residential, Mixed-Use, and Commercial/Office zoning districts.  

 

The city of Broken Arrow Zoning Ordinance states that for Specific Use Permits to be approved they would need to meet the following requirements:

 

Any place of assembly use shall meet the following standards:

                     Where an assembly use is originally approved by specific use or PUD, any subsequent associated development that increases the intensity of the use on the site by more than what has been approved shall require an amendment to the specific use or PUD. For the purposes of this section, an increase in intensity shall be measured as (1) an increase in vehicular trips generated and/or (2) an increase in impervious surface by five percent or more.

                     Developments designed to accommodate more than one gathering, ceremony, or meeting within any two-hour window shall be required to provide overflow parking spaces: one (1) space for every 2.5 persons of maximum fire-rated occupancy in addition to the standard parking requirements listed in Section 5.5.

                     Places of assembly shall be located on a parcel with a minimum net lot area of two (2) acres if on sanitary sewer and five (5) acres if on a septic system. No parking shall be permitted within a required front yard or building line setback, within agriculture (A-1) or any residential (R) zoning district.

                     Landscaping and lighting shall meet the standards for commercial uses contained in Chapter 5.

 

The proposed Restore House meets all but one of the requirements of a Specific Use Permit; having less than a net lot area of two (2) acres. However, instead of a Specific Use Permit, applicant has submitted a PUD.

 

No new buildings are being proposed, and the existing building would be used. PUD-272 also states that hours will be from 8:00am - 10:00pm. In addition, it states that customers are renting the venue for specific time slots per the contract they have agreed to. To comply with the city noise ordinance, the customer is also required to acknowledge the requirement. All nose must end by 10:00PM.

 

In addition, PUD-272 states that it will meet all the design standards of the Broken Arrow Zoning Ordinance.

 

SURROUNDING LAND USES/ZONING/COMPREHENSIVE PLAN

 

The surrounding properties contain the following uses, along with the following development guide and zoning designations:                     

Location

Development Guide

Zoning

Land Use

North

Level 5

DM and R-3

Fenix-Store

East

Level 5

DM

Former single family use as a retail and single family residential

South

Level 5

PUD 141/R-3

Single-Family residential/wedding Chapel

West

Level 5

R-3

Single family residential

 

The property associated with PUD-272 is designated as Level 5 in the Comprehensive Plan. The Comprehensive Plan state “Conservation, preservation, and redevelopment is encourage in Level 5.” With PUD-272, applicant is making an effort to preserve the existing structure on the property. Therefore, the development proposed with PUD-272 in in accordance with the Comprehensive Plan.

 

The property associated with PUD-272 has been platted as part of the Fears Addition. According to the FEMA maps, none of the property associated with PUD-72 is located within a 100-year floodplain area.

 

Attachments:                                Case map
                                   Aerial photo
                                   Comprehensive Plan
                                   PUD-2
72 design statement
             

 

Recommendation:                      

Staff recommends that PUD 272 be approved subject

                     Since the property has already been platted, Staff recommend that platting be waived

                     An 6 to 8-foot fence be constructed along the western property line within six months.

 

Approved by:  Michael Skates

 

LRC