LEGISLATIVE RESEARCH CENTER
File #: 18-673    Name:
Type: Public Hearings Status: Referred
File created: 6/5/2018 In control: Broken Arrow City Council
On agenda: 7/3/2018 Final action: 6/14/2018
Title: Public hearing, consideration, and possible action regarding BAZ-2002, Margaret H. Page Revocable Trust, 2.58 acres, A-R-1 to RS-1, one-quarter mile west of Elm Place, one-third mile north of Jasper Street
Attachments: 1. 2-CASE MAP.BAZ-2002, 2. 3-AERIAL, 3. 4-COMPREHENSIVE PLAN, 4. 5-ANNEXATION ORDINANCE 2446, 5. 6-AMENDMENT TO PROTECTIVE RESTRICTIONS
Related files: 18-745, 18-675

Broken Arrow Planning Commission

06-14-2018

 

To:                     Chairman and Commission Members

From:                     Development Services Department

Title: 

title

                     Public hearing, consideration, and possible action regarding BAZ-2002, Margaret H. Page Revocable Trust, 2.58 acres, A-R-1 to RS-1, one-quarter mile west of Elm Place, one-third mile north of Jasper Street

End

 

Background:

Applicant:                                          Russell D. Peterson

Owner:                     Margaret H. Page Revocable Trust

Developer:                                          None 

Surveyor:                                          Mickey Blackwell, Land Surveyor

Location:                     One-quarter mile west of Elm Place and one-third mile north of Jasper Street

Size of Tract                                          2.58 acres

Number of Lots:                     1

Present Zoning:                     A-R-1

Proposed Zoning:                     RS-1

Comp Plan:                                          Level 1 (Rural Residential)

 

BAZ-2002 is a request to change the zoning designation on a 2.58-acre parcel from A-R-1 (Annexed Single-Family Residential) to RS-1 (Single-Family Residential).  The unplatted property is located one-quarter mile west of Elm Place and one-third mile north of Jasper Street at 16547 E. 127th Street South.  In conjunction with BAZ-2002, BAL-2031, a request for a lot split on the property associated with the rezoning request, has also been submitted. 

 

This property was annexed into the City of Broken Arrow on May 20, 2002, by Ordinance No. 2446. A 50-foot wide roadway easement has been provided along 127th Street, but no utility easement has been provided. According to the FEMA maps, none of the property is located within a 100-year floodplain area. 

 

Since 2009, there have been four other requests (BAZ-1831, BAZ-1849, BAZ-1901 and BAZ-1910) to change the zoning on properties in this neighborhood from A-R-1 to RS-1. In each of these requests, the City Council has waived the platting requirements and waived the sidewalk requirement. There are no sidewalks on the interior of this neighborhood.

 

On August 8, 2015, Document #2015075824 was recorded in Tulsa County amending the protective restrictions to change the minimum lot size from 1.5 acres to 1 acre. While the City cannot enforce private covenants, the proposed lot split submitted in conjunction with this rezoning request, meets the minimum lot size requirement of the covenant.

                     

Surrounding land uses and zoning classifications include the following:

 

North:                                          A-1                                                                                    One single family residence

East:                                          A-R-1                                                                                    One single family residence

South:                                          A-R-1                                                                                    One single family residence

West:                                          A-R-1                                                                                    One single family residence

 

The property is designated as Level 1 in the Comprehensive Plan. The RS-1 zoning requested with BAZ-2002 is considered to be in compliance with the Comprehensive Plan in Level 1.

 

Attachments:                                Case map
                                   Aerial photo
                                   Comprehensive Plan
                                   Annexation Ordinance No. 2446
                                   Amendment of Protective Restrictions                      

 

Recommendation:                      

Based on the Comprehensive Plan, the location of the property, and the surrounding land uses, Staff recommends that BAZ-2002 be approved. As per the other rezoning cases in this neighborhood, Staff recommends that platting and the requirement for sidewalk construction along the property frontage be waived.

 

Reviewed by:  Larry Curtis

 

Approved by:  Michael Skates
                     

ALY