LEGISLATIVE RESEARCH CENTER
File #: 20-124    Name:
Type: General Business Status: Agenda Ready
File created: 1/9/2020 In control: Broken Arrow City Council
On agenda: 1/21/2020 Final action:
Title: Consideration, discussion, and possible approval of PUD-297 (Planned Unit Development) and BAZ-2044 (Rezoning), 811 W. New Orleans Street, 2.21 acres, CG to PUD-297/CG/IL, located west of the southwest corner of New Orleans Street (101st Street) and Elm Place (161st E. Avenue)
Attachments: 1. 2-CASE MAP.PUD-297 & BAZ-2044, 2. 3-AERIAL.PUD 297 & BAZ 2044, 3. 4-COMP PLAN, 4. 5-DESIGN STATEMENT FOR PUD-297 SUBMITTED ON JANUARY 9, 2020, 5. 6-LUBY'S RECORDED PLAT
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Broken Arrow City Council
Meeting of: 01-21-2020

Title:
title
Consideration, discussion, and possible approval of PUD-297 (Planned Unit Development) and BAZ-2044 (Rezoning), 811 W. New Orleans Street, 2.21 acres, CG to PUD-297/CG/IL, located west of the southwest corner of New Orleans Street (101st Street) and Elm Place (161st E. Avenue)
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Background:
Planned Unit Development (PUD)-297 involves a 2.21 acre parcel located west of the southwest corner of New Orleans Street (101st Street) and Elm Place (161st E. Avenue). In conjunction with PUD-297, applicant has submitted BAZ-2044, a request to change the underlying zoning from CG (Commercial General) to CG (Commercial General) and IL (Industrial Light). The property has been platted as Lot 1, Block 1, Luby's.

The owner of the property wants to lease space to a tenant who desires to use a portion of the existing building for the processing of medical marijuana into edible food products. The processing of medical marijuana is only allowed in the IL (Industrial Light) and IH (Industrial Heavy) zoning districts. IL zoning is in conformance with the Comprehensive Plan in Level 6 when done as part of a PUD (Planned Unit Development).

On January 7, 2020, the City Council reviewed and approved BACP-166, a request to change the Comprehensive Plan designation on the property from Level 4 to Level 6. A draft PUD was submitted with BACP-166 that also requested the growing of medical marijuana be allowed as a permitted use in addition to the processing of medical marijuana. The City Council directed the applicant to have the growing of medical marijuana deleted as permitted use. A revised design statement submitted on January 9, 2020, for PUD-297 specifically states that the growing of medical marijuana, as well as a medical marijuana dispensary, are not permitted uses.

The property was initially developed as a Luby's cafeteria restaurant. The restaurant closed approximately 20 years ago and remained vacan...

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