File #: O-1516-11    Version: 1 Name: Church of the Nazarene Special Use Ordinance
Type: Zoning Ordinance Status: Passed
File created: 8/14/2015 In control: City Council
On agenda: 10/27/2015 Final action: 10/27/2015
Title: CONSIDERATION OF ORDINANCE O-1516-11 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 CHURCH, TEMPLE, OR OTHER PLACE OF WORSHIP IN THE R-1, SINGLE FAMILY DWELLING DISTRICT FOR PART OF THE NORTHWEST QUARTER OF SECTION TWENTY (20), TOWNSHIP NINE (9) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF. (1801 NORTH PORTER AVENUE)
Attachments: 1. Text File O-1516-11, 2. O-1516-11, 3. Exhibit A.2 - 9-22-15, 4. Location Map, 5. Staff Report, 6. Pre-Development Summary, 7. 9-10-15 PC Minutes - Nazarene Church

Title

CONSIDERATION OF ORDINANCE O-1516-11 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 CHURCH, TEMPLE, OR OTHER PLACE OF WORSHIP IN THE R-1, SINGLE FAMILY DWELLING DISTRICT FOR PART OF THE NORTHWEST QUARTER OF SECTION TWENTY (20), TOWNSHIP NINE (9) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.  (1801 NORTH PORTER AVENUE)

 

Body

SYNOPSIS:  The applicant is requesting Special Use for a Church, Temple, or Other Place of Worship.  The church is zoned R-1, Single Family Dwelling District, and a Church, Temple, or Other Place of Worship is allowed with a Special Use.  Because the church is zoned R-1, Single Family Dwelling District and expanding their facilities they are required to obtain a Special Use.

 

ANALYSIS:  Norman Community Church of the Nazarene owns approximately 30 acres at 1801 North Porter Avenue which consists of two lots; the front 15.2 acres are platted and the rear 15 acres are not platted.  The Special Use is requested for the platted lot only with the existing church building.  This Special Use includes a request that the church be allowed a variance from the 80% masonry requirement according to the Zoning Ordinance, Sec. 431.4, Exterior Appearance requirements. This variance allows the church to match the existing church building on several of the proposed buildings.

 

On August 7, 1961 City Council passed Ordinance No. 1299 that annexed these parcels “…extending the corporate limits of the City of Norman”.  There was not a zoning designation made with this ordinance.  In the event no zoning classification is made of any annexed territory then the area shall be and is classified as R-1 single family dwelling district.

 

City Council removed church use from R-1 by right and required it as permissible use on review with the adoption of O-7778-22 on November 1, 1977.

 

A preliminary plat was submitted for the First Church of the Nazarene to Planning Commission on February 8, 1996.  The location map provided by staff with the staff report showed the church property as A-2, Rural Agricultural District with Ordinance 1299.

 

A final plat was submitted to the Planning Commission on October 10, 1996.

 

City Council approved the final plat for Norman First Church of the Nazarene Addition on November 26, 1996.  The Final Plat was filed of record with the Cleveland County Clerk on September 16, 1997.

 

In 1997 Norman Community Church of the Nazarene received a building permit for a new church building.  At that time the application was processed under A-2, Rural Agricultural Zoning District, which allows a church by right.  However, the correct zoning was in fact R-1, Single Family Dwelling District, which requires Special Use for a Church, Temple, or Other Place of Worship.  Therefore, the building permit was issued in error and a Special Use should have been required prior to issuing the permit. 

 

Because the current zoning designation is in fact R-1, Single Family Dwelling District, and they are requesting to expand their facilities they are required to obtain a Special Use for a Church, Temple, or Other Place of Worship.  The Special Use will bring the church into conformance with the zoning requirements. 

 

ALTERNATIVES/ISSUES:

 

IMPACTS:  This church has been established at this location for over 18 years; the lot is approximately 15 acres, therefore there is ample land area to expand its facilities and meet all zoning setbacks and ordinance requirements.   The expansion of the church facilities is planned in phases over the next 10-15 years.  The proposal is to first build a youth building and a storage/maintenance building on the north side of the lot.  The next phase will include an addition to the north side of the existing church for office use.  Then the church plans to construct a new worship hall fronting Porter and keep the existing worship hall for youth activities and special church events.  Lastly, they are proposing to construct an athletic field on the east portion of the lot with a driveway that circles the athletic field.

 

The church has been established in this location for over 18 years without any negative impacts to surrounding neighbors; furthermore, because of the amount of acreage the church owns they are able to maintain significant buffers from the abutting properties to the south and east. 

 

OTHER AGENCY COMMENTS:

 

PRE-DEVELOPMENT - PD NO. 15-24 - Meeting of August 27, 2015

Two neighbors attended the Pre-Development Meeting; the main concern was the church opening a school or day care.  The pastor stated that the church does not plan or intend to open a private school or day care.

 

The other concern was the proposed driveway around the athletic field and when events would take place.  The pastor stated that the drive would be for drop off and pick up only and athletic events would be held mostly during day time hours. 

 

Lastly, the neighbors wanted to know if the exterior lighting will comply with city lighting ordinances; staff explained all current ordinances will be complied with.  The pastor stated he would investigate putting shields on existing exterior lighting that was installed prior to the lighting ordinance.  The pastor stated they intend on being a good neighbor as they have in the past and will continue to do into the future. 

 

GREENBELT COMMISSION MEETING - No Meeting Required

This property was already platted so there was no Greenbelt Commission meeting required.

 

PARK BOARD:  There are no public or private park requirements for commercial development.

 

PUBLIC WORKS:  The front lot abutting Porter Avenue is platted; public improvements are not required and infrastructure is in place.  The rear lot is not platted.

 

TRAFFIC ENGINEERING:  The drive approaches to the church facility will remain and no changes are proposed with this Special Use.

 

STAFF RECOMMENDATION:  The Norman Community Church of the Nazarene has been established at this location for 18 years; this request for Special Use brings the church into conformance with the Zoning Ordinance and allows them to expand their facilities for the growing congregation.  Staff supports and recommends approval of Ordinance No. O-1516-11.  

 

Further, pursuant to the provisions of Section 22:434.1 of the Code of the City of Norman, as amended, the following conditions are hereby attached to the zoning of Lot 1 for the Final Plat of Norman First Church of the Nazarene Addition:

 

a.                     The site shall be developed in accordance with the Site Plan (Exhibit A.2), and supporting documentation submitted by the applicant and approved by the Planning Commission on September 10, 2015.

b.                     The proposed front building, “Building 10” as shown on Exhibit A.2, will be comprised of masonry material as approved per Section 431.4 - Exterior Appearance, with 80% masonry on the west facade and the north and south facades.

c.                     The proposed accessory buildings as shown on Exhibit A.2; “Building 2” will have 80% masonry on the west facade and 80% masonry on the south facade, “Building 3” will have 48” of masonry at the base of the north facade and “Building 4” will have 48” of masonry at the base of the south facade.

 

Planning Commission, at their September 10, 2015 meeting, recommended adoption of this ordinance by a unanimous vote of 8-0, with the above conditions and (c) amended to require 80% masonry on the west and south facades of “Building 2”.