Title
CONSIDERATION OF ORDINANCE O-1516-2 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 REMOVE LOT 7, BLOCK 2, COLLEY’S 1ST ADDITION, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE RM-2, LOW DENSITY APARTMENT DISTRICT AND PLACE THE SAME IN THE C-3, INTENSIVE COMMERCIAL DISTRICT, OF SAID CITY; AND PROVIDING FOR THE SEVERABILITY THEREOF. (601 NORTH PORTER AVENUE)
Body
SYNOPSIS: The applicant is requesting to rezone from RM-2, Low Density Apartment District, to C-3, Intensive Commercial District, to develop a parking lot, with a new restaurant proposed on the vacant parcel directly west of this site. This parcel was used for a parking lot since 1980 and is currently vacant.
ANALYSIS: This parcel is zoned RM-2, Low Density Apartment District which abuts R-1, Single Family Dwelling District to the east and C-3, Intensive Commercial District to the west. In 1980 a Special Use was requested and approved for a parking lot for the Norman Regional Hospital equipment storage building that occupied the parcel directly west of this site.
In April 2012, a tornado came through Downtown Norman and destroyed the building; the land has been vacant since that time. Since then, Norman Regional Hospital sold the property and the new owners are proposing to build a restaurant with a parking lot at this location. Because the Special Use on this parcel has not been used for over two years it has expired; therefore, the applicant is requesting to rezone to C-3, Intensive Commercial District for the development of a restaurant with a parking lot. The restaurant will be constructed on the parcel that fronts Porter Avenue with the parking to the east; therefore; this rezoned lot will be used for parking. This request will place both lots in the same zoning district. Because of the request to rezone to C-3 for the restaurant and a parking lot, a required lot line adjustment will have to be filed of record once the alley has been vacated and closed to make one contiguous lot.
ALTERNATIVES/ISSUES:
IMPACTS: This commercial corner is identical to other commercial corners on Porter Avenue. All the uses and zoning within this section of the Porter Commercial Corridor are similar in nature and are zoned for commercial uses such as: restaurants, convenience stores, specialty shops, offices, gas stations, automobile repair shops, salons, retail stores, churches and schools.
The proposed restaurant at the corner of Porter Avenue and Hughbert Street will be an improvement to the site as well as fulfill the intent and purpose of the Porter Corridor Plan. The plan encourages infill and redevelopment of vacant parcels and buildings; the proposal for a restaurant and parking lot fulfills the purpose and intent of this plan.
This development proposal and request to rezone will be an improvement to the vacant site.
ACCESS: There is existing access to the property off both Porter Avenue and Hughbert Street.
SITE PLAN: The restaurant will be at the corner of Porter Avenue and Hughbert Street, the footprint is identical to the previous building’s footprint. A site plan has been provided by the applicant to show the general layout of the restaurant and parking lot with accesses. A six-foot opaque fence will be required on the east property line.
PORTER CORRIDOR ZONING OVERLAY DISTRICT: The Porter Corridor Zoning Overlay District (PCZOD) was adopted as Ordinance No. O-1011-2, on August 10, 2010. The intent and purpose of this overlay district is to create a buffer between commercial and residential areas to protect both land use types and encourage redevelopment of the Porter Avenue Corridor commercial district, and to limit the extent of commercial development into the neighborhoods.
The PCZOD plan encourages development proposals that are infill projects such as this proposal for a restaurant with a parking lot.
This parcel is one parcel west of the ‘Extent of Commercial Development Line’ according to the PCZOD plan’s Exhibit A. Therefore, the parcel is within the commercial development line; and since it does not directly border the ‘Extent of Commercial Development Line’, the design standards of the PCZOD do not apply. However, all the underlying zoning requirements do apply and the development will be required to conform to those regulations.
This development proposal meets the PCZOD plan’s purpose and intent and can be supported.
OTHER COMMENTS:
PRE-DEVELOPMENT MEETING - PD NO. 15-19 - Meeting June 25, 2015
The applicant attended the meeting with their representative and no neighbors were present.
GREENBELT COMMISSION MEETING - 15-14 - Meeting June 15, 2015
The Greenbelt Commission sends the project forward with no comments.
PARK BOARD: Parkland dedication is not required for this proposal.
PUBLIC WORKS: The applicant is requesting to close a public right-of-way between this parcel and the parcel directly west of this site. The right-of-way was previously used as an alley and utilities remain in the right-of-way. The physical alley paving no longer exists. Public works supports the request to vacate the right-of-way with an agreement to provide a utility easement for access to the existing sanitary sewer line.
STAFF RECOMMENDATION: This development proposal request fulfills the Porter Corridor Plan and is within an existing commercial corridor with similar uses and zoning surrounding the property. Staff supports the request to rezone from RM-2 to C-3 to establish a restaurant with a parking lot and recommends approval of Ordinance O-1516-2.
At their meeting of July 9, 2015, the Planning Commission unanimously recommended adoption of Ordinance O-1516-2 on a vote of 7-0.