File #: O-1415-38    Version: 1 Name: Spearman Investments Special Use
Type: Zoning Ordinance Status: Passed
File created: 3/16/2015 In control: City Council
On agenda: 5/26/2015 Final action: 5/26/2015
Title: CONSIDERATION OF ORDINANCE O-1415-38 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 AN OFF-STREET PARKING LOT IN THE R-3, MULTI-FAMILY DWELLING DISTRICT FOR PART OF LOTS FORTY-FOUR AND FORTY-FIVE, BLOCK ONE OF LARSH'S UNIVERSITY ADDITION, TO THE CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF. (531 SOUTH UNIVERSITY BOULEVARD)
Attachments: 1. Text File O-1415-38, 2. O-1415-38 w/Exhibit A, 3. Location Map, 4. Staff Report, 5. Aerial Photo, 6. Pre-Development Summary, 7. 4-9-15 PC Minutes
Title
CONSIDERATION OF ORDINANCE O-1415-38 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 AN OFF-STREET PARKING LOT IN THE R-3, MULTI-FAMILY DWELLING DISTRICT FOR PART OF LOTS FORTY-FOUR AND FORTY-FIVE, BLOCK ONE OF LARSH'S UNIVERSITY ADDITION, TO THE CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.  (531 SOUTH UNIVERSITY BOULEVARD)
 
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SYNOPSIS:  The applicant is requesting Special Use for a private parking lot to be used for Othello's Restaurant.  The vacant lot is designated as R-3, Multi-Family Residential District and Special Use is required for a private parking lot.  The site development plan illustrates 35 parking spaces which includes two accessible parking spaces.   
 
ANALYSIS:  A previous rezoning request was approved for this lot on November 9, 1999.  That request was twofold:  rezone the southeast corner of the lot from R-3, Multi-Family Dwelling District to C-3, Intensive Commercial District, for a 2,240 square foot outdoor patio; and rezone to Special Use for a parking lot on the east portion of the lot, adjacent to the patio, with access from Buchannan Avenue.  At the time of the previous request there was a single-family home on the west portion of this lot.  No changes were planned for the home at that time.  The patio was constructed and is still in use; however, the parking lot was never constructed.  Therefore, the approved Special Use for a parking lot expired two years after the Ordinance was adopted by City Council.   
 
Per the conditions for Special Use in the Zoning Ordinance, Section 22:434.1 (f) Expiration for Non-Use:
"The authority to issue initial construction or initial occupancy permits pursuant to the granting of a Special Use shall expire two (2) years after the City Council approves the "Special Use", unless the City Council includes a different time limit as a specific condition of approval."
 
"In any case where the "Special Use" is not activated in accordance with the times specified in the preceding paragraph, or 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."
 
The current request is very similar in nature to the previously approved Special Use.  As stated, when the initial rezoning was approved, a house occupied the west portion of the lot; the house was demolished in 2001, leaving the site vacant.  Utilizing the west portion of the lot for parking allows the Othello's courtyard to remain in use and keep the surrounding green space.  The only vehicle access to and from the parking lot will be on University Boulevard.  The north and south sides of the parking lot will be screened with a six to eight foot privacy fence, and on the east and west sides will be a decorative iron fence.  The east fence will have an arched gateway to access Othello's through the courtyard.  Landscaping will surround the entire parking lot as required per the Zoning Ordinance.  If this proposed request is approved by City Council, a paving permit will be required and reviewed by city staff for approval before the parking lot is constructed.   
 
ALTERNATIVES/ISSUES:    
 
IMPACTS:  This proposal will not create any negative impacts to the surrounding area.  Campus Corner area is comprised of primarily commercial uses with single family and multi-family surrounding the outer edges of the district.  There are large single family homes to the north and south of the site that are rental houses and further north and south are commercial businesses, offices and multi-family dwellings.  
 
Because Campus Corner is primarily C-3, Intensive Commercial District, there are no parking requirements for any new construction or infill developments.  Therefore, parking on Campus Corner has long been limited and has created an issue for patrons and businesses.  A 35-stall parking lot for Othello's Restaurant on this vacant lot will provide parking to patrons visiting Othello's and possibly open additional on-street parking areas for other businesses and patrons visiting the Campus Corner area.     
 
OTHER AGENCY COMMENTS:
 
PUBLIC WORKS:  Public Works has no comments; the parcel is platted and all public improvements are in place.  Any detention requirements will be determined and enforced when the applicant applies for a paving permit.
 
TRAFFIC DIVISION:  The Traffic Division has determined the new drive approach will not create any negative traffic impacts to the surrounding area.
 
STAFF RECOMMENDATION:  A private parking lot on Campus Corner for Othello's Restaurant is an appropriate infill use under the current zoning on the property; staff recommends approval of Ordinance No. O-1415-38.  
Planning Commission, at their meeting of April 9, 2015, recommended adoption of Ordinance No. O-1415-38 on a vote of 6-0.