Broken Arrow City Council
Meeting of: 04-06-2021
Title:
title
Approval of BAZ-2078 (Rezoning), Old Hitching Post, approximately 0.84 acres, A-1 (Agricultural) to CN (Commercial Neighborhood), northeast corner of Main Street and Washington Street (91st Street)
End
Background:
BAZ-2078 is a request to change the zoning designation on an approximately 0.84-acre tract from A-1 (Agricultural) to CN (Commercial Neighborhood). The unplatted property is located at the northeast corner of Main Street and Washington Street (91st Street). This property was annexed into the city limits of Broken Arrow from Tulsa County on June 4, 1984 by Ordinance No. 1234.
This property has been used for commercial purposes prior to being annexed into the City of Broken Arrow and is considered a legal non-conforming use. The applicant is in the process of purchasing the property with the intention of using it for a commercial office. The change in use of the property requires that it be brought into conformance with current codes and ordinances. The applicant proposes to rezone the property to CN (Commercial Neighborhood), which allows office uses.
There are three existing structures on the property which do not meet the setback requirements of the A-1 or the CN zoning districts. Any nonconformity may be continued or maintained as a nonconformity only in accordance with Section 8.1 of the Zoning Ordinance. Maintenance and minor repairs required to keep the structure in a safe condition are permitted, if they do not increase the extent of the nonconformity.
The existing parking on this site consists of unmarked spaces on a compacted gravel and concrete surface. The new use of this property will require the off-street parking and loading standards of the Zoning Ordinance to be met per Section 5.4.B.1.a. The applicant will be responsible for paving all parking surfaces and drives, while providing parking spaces in accordance with the ordinance. This will be accomplished through the review and approval of a site plan before an occupancy permit may be issued.
The applicant has been made aware of these limitations and requirements for updating the buildings and parking requirements on the site. The applicant intends to submit a PUD (Planned Unit Development) and site plan to further address the existing setback issues upon taking ownership of this property.
This property is designated at Level 6 (Regional Employment/Commercial) in the Comprehensive Plan. The CN (Commercial Neighborhood) zoning requested with BAZ-2078 is considered to be in accordance with the Comprehensive Plan in Level 6.
In their meeting of March 11, 2021, the Planning Commission recommended approval (4-0 vote) of BAZ-2074 per Staff recommendation. Staff recommended approval subject to the property being platted and a PUD being submitted and approved. No one spoke in favor of or in opposition to this rezoning.
Cost: $0
Funding Source: None
Requested By: Larry R. Curtis, Community Development Director
Approved By: City Manager Office
Attachments: Published Planning Commission Staff Report
Case map
Aerial
Comprehensive Plan
Recommendation:
recommend
Approve BAZ-2078 per Planning Commission and Staff recommendation.
end