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CONSIDERATION OF ORDINANCE O-1920-41 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 460 OF CHAPTER 22 OF THE CODE OF THE CITY OF NORMAN SO AS TO GRANT SPECIAL USE FOR A BAR, LOUNGE OR TAVERN IN THE C-2, GENERAL COMMERCIAL DISTRICT FOR THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION THIRTY (30), TOWNSHIP NINE (9) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF. (938 NORTH FLOOD AVENUE)
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SYNOPSIS: The applicant, Oklahoma Axe Factory, is requesting Special Use for a Bar, Lounge or Tavern in the C-2, General Commercial District, located at 938 N. Flood Avenue.
ANALYSIS: The applicant currently operates Oklahoma Axe Factory located at 938 N. Flood Avenue. They are currently using the space as an axe throwing facility and would like to serve canned alcoholic beverages to their patrons. The property was approved for Special Use for a Bar, Lounge or Tavern in 1999 (O-9899-25) but the Special Use has since expired. The Zoning Ordinance states, “where the ‘Special Use’ has been discontinued for two continuous years, then authority for such a ‘Special Use’ ceases to exist and the owner must reapply in order to establish or re-establish said ‘Special Use.’”
A Special Use request shall be reviewed and evaluated on the following criteria according to the Zoning Ordinance 22:434.1, Special Uses:
1. Conformance with applicable regulations and standards established by the Zoning Regulations.
2. Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, and access and circulation features.
3. Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use. (NOTE: Throughout this Section, “Permitted Use” means any use authorized as a matter of right under the applicable zoning district.)
4. Modifications to the site plan which would result in increased compatibility, or would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals, and general welfare.
5. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed “Special Use” and other uses authorized and anticipated in the area, considering existing zoning and land uses in the area.
6. That any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and to ensure compatibility of the proposed “Special Use” with existing or permitted uses in the surrounding area.
This location has historically been used as a bar. Based on the above Special Use criteria, this request can be compatible with surrounding uses; there are no expected negative impacts on the surrounding area associated with this request.
ALTERNATIVES/ISSUES:
• IMPACTS There are no expected negative impacts on the surrounding area. There are no proposed changes to the existing site. This property is surrounded by commercially zoned properties.
OTHER AGENCY COMMENTS:
• PREDEVELOPMENT PD20-04 April 23, 2020 No neighbors attended the predevelopment meeting.
• PUBLIC WORKS The infrastructure is existing for this site.
CONCLUSION: Staff forwards this request and O-1920-41 for your consideration.
Planning Commission, at their meeting of May 14, 2020, unanimously recommended adoption of Ordinance O-1920-41 by a vote of 8-0.