Broken Arrow City Council
Meeting of: 09-17-2024
Title:
title
Consideration, discussion, and possible action regarding BAZ-001334-2024 (Rezoning) and SP-001335-2024 (Specific Use Permit), Floral Haven Expansion, 27 acres, A-1 (Agriculture) and R-1 (Single Family Residential) to A-1 (Agriculture)/SP-001335-2024, north of West Kenosha Street (East 71st Street South), and one quarter mile west of South Olive Avenue (South 129th East Avenue)
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Background:
BAZ-001334-2024 and SP-001335-2024 is a request to change the zoning designation on 27 acres from A-1 (Agriculture) and R-1 (Single Family Residential) to A-1/SP-001335-2024. The property is located approximately north of West Kenosha Street (East 71st Street South), and one quarter mile west of South Olive Avenue (South 129th East Avenue) and is currently un-platted.
BAZ-001334-2024 is a request to rezone the southernmost 37,500 square feet of this property from R-1 (Single-Family Residential) to A-1 (Agriculture). This portion can be seen on the case map included in the agenda packet. This portion of the property was Level 2 of the Comprehensive Plan. Policy 17 of the Comprehensive Plan states that a 10% variance in gross area can be adjusted administratively. Staff decided that this allowed the property to be changed to the comprehensive plan designation Public/Semi-Public, to align with the current comprehensive plan for Floral Haven directly to the East. Rezoning to A-1 is supported by the Public/Semi-Public comprehensive plan designation.
SP-001335-2024 is a specific use permit to allow for the expansion of the Floral Haven Cemetery, which is directly to the east of the subject tract. According to the zoning ordinance, a cemetery is only allowed in the A-1 district with a specific use permit. That is why SP-001335-2024 was submitted to support a cemetery use.
In Staff’s opinion, SP-001335-2024 is consistent with the criteria listed in the staff report for Planning Commission.
On March 28th, 2024, BAZ-001334-2024 and SP-001335-2024 were heard by Planning Commission. One neighbor emailed in a letter of support for the proposal. During the public hearing, 4 community members spoke in opposition, concerns included health concerns, fence requirements, loss of nature, and property value. Planning Commission recommended approval of BAZ-001334-2024 and SP-001335-2024 subject to:
- A new legal description being submitted that is similar to the proposed development area in the conceptual site plan being submitted to staff before the city council hearing.
- Platting be waived subject to all of the necessary easements and ROW being dedicated
- An opaque fence being required along the property one where the SP abuts a neighboring property.
This recommendation was passed with a 4-0 vote.
Staff recommends approval of BAZ-001334-2024 and SP-001335-2024 per Planning Commission’s recommendation.
These items have been considered at various City Council meetings since that time. Below is a list of meeting dates and the associated actions taken by the Council.
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April 16, 2024 |
Continued to May 7, 2024 |
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May 7, 2024 |
Continued to May 14, 2024 |
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May 14, 2024 |
Continued to May 21, 2024 |
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May 21, 2024 |
Continued to June 3, 2024 |
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June 3, 2024 |
Continued to June 17, 2024 |
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June 17, 2024 |
Council Voted to withdraw the item from the agenda until the right-of-way issues have been addressed. |
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August 20, 2024 |
Continued to September 3, 2024 |
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September 3, 2024 |
Continued to September 17, 2024 |
As of the writing of this report, a resolution has not been reached concerning the dedication of right-of-way along Olive Avenue.
A preliminary plat for this development was considered by the Planning Commission on August 8, 2024. The Planning Commission denied the preliminary plat based on Staff recommendation. If PT-001609-2024 were approved, it would create a 21.089 acre remainder parcel, which only has frontage onto the stub street to the residential neighborhood to the west. This would increase the nonconformity. If the parcel were to be consolidated with the property to the east, which is now currently in use as Floral Haven, the lot would no longer be non-conforming. Any necessary right-of-way and utility easements could be dedicated by separate instrument as a condition of the lot consolidation.
Due to the pending review of the Rezoning and Specific Use Permit applications by City Council, Staff recommends that a lot consolidation be considered by the City Council in conjunction with BAZ-001334-2024 and SP-001335-2024.
Cost: $0
Funding Source: None
Requested By: Rocky Henkel, Director of Community Development
Approved By: City Manager’s Office
Attachments: Published Planning Commission Staff report
Case Map
Aerial photo
Conceptual exhibit
Comprehensive Plan
Updated Legal Description and Exhibit
PT-001609-2024 Planning Commission Staff Report
Recommendation:
recommend
Approve BAZ-001334-2024 and SP-001335-2024 per Planning Commission and Staff recommendation.
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