Broken Arrow City Council
Meeting of: 02-20-2018
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, and possible approval of Resolution No. 1082, a Resolution of the City Council of the City of Broken Arrow authorizing initiation of an action for Declaratory Relief against Henry and Vestina Hanewinkel, Brown and Perkins, LLC, and other necessary and appropriate Defendants regarding what zoning classification should be applied to a tract of land consisting of 19.64 acres of land located east of North Elm Avenue, and One-Quarter mile south of Omaha Street in Broken Arrow, Tulsa County, State of Oklahoma, and potentially challenging the requirements of Okla. Stat. tit. 11, ? 14-102
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Background:
Planned Unit Development (PUD) 266 and BAZ-1986 involve a 19.64-acre undeveloped tract located east of North Elm Avenue, one-quarter mile south of Omaha Street. Applicant is requesting that the zoning on the unplatted property be changed from A-1 to PUD 266/RM (Multi-family Residential).
On September 15, 2015, the Broken Arrow City Council approved a change in the Comprehensive Plan designation on an undeveloped tract of land located east of North Elm Avenue, and one-quarter mile south of Omaha Street, in Broken Arrow, Tulsa County, Oklahoma. The approval changed the designation from Level 2 to Level 3, subject to the property being platted and a PUD being submitted that was similar in context to the draft PUD submitted with BACP 146. Following approval of the Comprehensive Plan, the applicants filed a rezoning application seeking approval of BAZ-1986 and PUD-266, which would have changed the property from A-1 to multi-family.
In their meeting of October 12, 2017, the Planning Commission recommended approval of PUD- 266 and BAZ-1986, subject to the property being platted. During the Public Hearing, one speaker spoke in support of the application. The property owner to the south expressed support for...
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