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RESOLUTION NO. R-1314-133: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING THE NORMAN 2025 LAND USE AND TRANSPORTATION PLAN SO AS TO REMOVE PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION SIX (6), TOWNSHIP NINE (9) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM SPECIAL PLANNING AREA 6 - COMMUNITY SEPARATOR. (5451 Broadway)
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BACKGROUND: A request for this property for a Land Use Amendment from Country Residential to Very Low Density Residential Designation first came before Planning Commission on March 13, 2014. This was accompanied by a rezoning request from A-2 to A-1. The rezoning request went to City Council on April 8, 2014 for the first reading with recommendation for approval from the Planning Commission. During the second reading of the rezoning ordinance on April 22, 2014, staff requested postponement due to the fact that removal from Special Planning Area 6 (SPA 6) was not included in the request. The applicant then submitted a request for postponement of the original land use plan amendment and rezoning on May 7, 2014 so the requested amendment would be fully advertised and staff could analyze the land use amendment for the parcel requested to be removed from SPA 6.
SUMMARY OF REQUEST: The initial request for this property was to divide the ten acre parcel into two parcels, the existing single-family dwelling lot abutting Broadway will contain approximately 3.41 acres and the rear parcel will be approximately 6.59 acres. The proposal is to build an additional single-family home on the newly created rear parcel. This request would require that this property be removed from SPA 6.
STAFF ANALYSIS: The 2025 Plan identifies two criteria that must be examined before a land use change is approved. In addition to these criteria, staff must also assess this property with consideration to SPA 6 which has two objectives: to protect the Little River Watershed and its tributaries and to maintain a visual and physical separation between Norman and Moore. SPA 6 is designated for clustered rural residential development if certain conditions are met.
1. There has been a change in circumstances resulting from development of the properties in the general vicinity which suggest that the proposed change will not be contrary to the public interest.
The subject parcel is located on the furthest western portion of Special Planning Area 6 and is directly across from very low density residential parcels that range in size from two to ten acres. This subject parcel is part of the Norman Rural Certificate of Survey (NRCOS) Plat - Arms Acres. In June of 2011 a twenty-six acre parcel, north of this parcel, fronting Indian Hills Road, included in the original Arms Acres NRCOS submitted for a replat to split into two thirteen-acre tracts via a NRCOS. In October of 2011 another twenty-six acre parcel, again north of this subject tract, also part of the original Arms Acres NRCOS and also fronting Indian Hills Road, submitted to be split into two parcels, ten and sixteen acres. Two of the three parcels created with a new NRCOS were granted variances to the required four-hundred foot setback from Indian Hills Road. The first variance was done as noted on the NRCOS, the second by means of Board of Adjustment decision. All this is to note there are changed conditions in this area of Norman. This proposal is alike in character to the surrounding development of single-family homes on acreages that range in size. This request is not out of character with surrounding land uses; therefore, the proposed development is not contrary to the public interest.
2. There is a determination that the proposed change would not result in adverse land use or adverse traffic impacts to surrounding properties or the vicinity.
Since this parcel directly abuts the furthest western boundary of SPA 6 and the parcels surrounding the property are various acreages there is not a significant difference in the land use character. The existing driveway will be shared access to both lots and no new curb cuts will be allowed off Broadway. Because of the single-family nature of the development there will not be an increase in traffic that will adversely affect the surrounding properties.
The italicized language below is directly from the Plan, the bullet points are staff analysis of the request for the parcel to be removed from SPA 6.
The NORMAN 2025 Land Use and Transportation Plan outlines the requirements for the Northern Community Separator - Special Planning Area 6 as follows:
“Mandatory shifting of density out of the floodplain, in order to protect the integrity of the Littler River watershed and its tributaries. In order to maintain the density allowed by the base zoning, the density that would be allocated to areas located in the floodplain would be shifted to areas on the property that are not located in the floodplain. Smaller lots would be allowed to the extent necessary to accommodate the shifting on the upland portions of the site, although the total permitted density should remain at no more than one unit per ten acres. In addition, clustered development on approximately two-acre lots would be allowed at an overall density of not more than one unit per eight acres, with the remainder of the property designated and preserved as common open space or protected by a conservation easement.”
This parcel contains no flood plain, Little River Watershed or WQPZ. This parcel is uphill from the drainage basin and approximately 1,362 feet from the closest flood plain or tributary to the Little River to the east and 451 feet from the closest tributary to the south.
The request is for the ten acre parcel to be divided into a 3.41 and a 6.59 parcel. Each lot will be allowed only one single-family dwelling unit per lot. The open space character of the parcels will be maintained with approximately eight acres of open space remaining between both lots after the two single-family dwellings are built.
“In order to retain the visually open character of the area, all buildings will be required to be set back a minimum of four hundred feet from the centerline of Indian Hill Road. This setback will be protected by requiring a recorded, no-build easement, in order to retain this visual quality over time.”
This tract was part of the Arms Acres NRCOS, the tract does not abut or front Indian Hills Road so there is no four hundred foot setback required. The parcel sits south of Indian Hills Road approximately 1,727 feet and fronts Broadway.
“To maximum extent possible, access to development shall be obtained from the north/south roads, and not directly from Indian Hills Road, in order to maintain the integrity of the view corridor along Indian Hills Road.”
This tract fronts on Broadway, not Indian Hills Road. No additional curb cuts will be allowed off Broadway; both parcels will share the existing access with a cross access agreement. Therefore, the rural view corridor and agricultural character will be maintained with no impact to Indian Hills Road.
STAFF RECOMMENDATION: This proposal meets the test to qualify for removal from the Special Planning Area 6 due to the fact it is not in a Flood Plain or a Water Quality Protection Zone, the parcel fronts Broadway Avenue and is well outside the four hundred foot building set back from Indian Hills Road. The required criteria have been examined and met for a NORMAN 2025 Land Use Plan amendment for the parcel to be removed from Special Planning Area 6. Staff recommends approval of Resolution No. R-1314-133. Planning Commission, at their June 12, 2014 meeting, recommended adoption of Resolution No. R-1314-133 by a vote of 9-0.