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CONSIDERATION OF ORDINANCE NO. O-1314-53 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 460 OF CHAPTER 22 OF THE CODE OF THE CITY OF NORMAN 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 THE NORTHERN COMMUNITY SEPARATOR OVERLAY DISTRICT, OF SAID CITY; AND PROVIDING FOR THE SEVERABILITY THEREOF. (5451 BROADWAY AVENUE)
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BACKGROUND: The applicant’s initial request was to rezone from A-2, Rural Agricultural to A-1, General Agricultural, to divide the ten acre parcel into two parcels. The request did not address the Northern Community Separator Overlay District of this property. The existing single-family dwelling lot will contain approximately 3.41 acres and rear parcel approximately 6.59 acres with the addition of one single-family home.
The applicant’s initial proposal came before Planning Commission on March 13, 2014. The Planning Commission recommended approval and the application went to City Council for first reading on April 8, 2014. Prior to the second reading on April 22, 2014, it was recognized that the Northern Community Separator Overlay District was not included in the rezoning request. Therefore, staff recommended a postponement to May 13, 2014. Because the Overlay District is in the Zoning Ordinance a rezoning action is required. However, the complete synopsis of required action was not fully advertised and recognized in the staff report; therefore, the applicant submitted a letter to City Council on May 7, 2014 to request postponement of the platting, rezoning and land use amendment until all required rezoning and land use amendments could be advertised and go through the public hearing process.
SYNOPSIS: The applicant’s proposal is to divide their ten acre parcel into two lots; the front lot will be approximately 3.41 acres and the rear lot approximately 6.59 acres. This proposal requires the applicant to plat, rezone and request a land use amendment for the ten acre parcel. This proposal also requires the parcel to be removed from the Northern Community Separator Overlay District which has four main criteria that designates the District’s purpose.
NORTHERN COMMUNITY SEPARATOR OVERLAY DISTRICT: As provided in Sec. 429.5 of the Zoning Ordinance, Northern Community Separator Overlay District, the purpose of this Overlay District is to:
1. Implement the NORMAN 2025 Land Use and Transportation Plan;
2. Provide a visual separation and buffer between the City of Norman and the City of Oklahoma City and unincorporated Cleveland County;
3. Maintain a rural, open space character in the area; and,
4. To protect the Little River watershed.
ANALYSIS:
1. DENSITY: The existing parcel will be divided into one 3.41 acre parcel and one 6.59 acre parcel for single-family dwellings. Both parcels meet the requirement to have a well and septic system because the acreage sizes meet DEQ and City of Norman requirements.
2. OPEN SPACE: There are no open space requirements with this request; however, the applicant will have approximately eight acres of open space between both parcels with the additional dwelling and accessory building on the rear parcel.
3. DESIGN: Both lots will access off the existing driveway, no additional curb cuts will be permitted off of Broadway. A cross access agreement will serve as a separate legal instrument which will grant access to both lots in perpetuity. The current dwelling on the front lot will remain as is and be sold and the applicant plans to build a new home and workshop on the newly created rear lot for their family. This proposal would grant the applicant the ability to maximize his land value while remaining in the same location.
4. NORTHERN COMMUNITY SEPERATOR OVERLAY DISTRICT: This property is located in the farthest western portion of the Northern Community Separator Overlay District. The western boundary of the District is Broadway, and this parcel is directly on the east side of Broadway. This parcel within the District is approximately 1,727 feet south of Indian Hills Road; the minimum setback per the Ordinance is 400 feet from Indian Hills Road. Furthermore, there is no access off of Indian Hills Road for this property. Since the adoption of the NORMAN 2025 Plan, the only requests granted for changes to the requirements of the Overlay District have been in the portion west of Porter Avenue on lots fronting Indian Hills Road by the Board of Adjustment for a setback variance.
This parcel is not in the flood plain, or any part of a Water Quality Protection Zone. This property is across the street and just north of areas designated as Suburban Residential and Very Low Density Residential on the NORMAN 2025 Plan. Because of the location of this parcel staff does not believe this change would be so significant as to damage the agricultural nature of the larger area. Staff believes the request for this parcel to be removed from the Northern Community Separator Overlay District will not negatively impact the overall integrity of the Overlay District. The request meets the purpose of the District which is to maintain a rural character, meet the building set back of four hundred feet from Indian Hills Road and not allow development that will impact the integrity of the Little River watershed; it is outside the visual separation due to the distance from Indian Hills Road. The property directly north of Indian Hills Road in this general vicinity is part of Unincorporated Cleveland County and currently a cemetery. The property will continue to maintain the rural open space character with the size of the proposed parcels. The frontage on Broadway is heavily landscaped with an abundance of old growth trees. Furthermore, the property is approximately 1,362 feet from the closest flood zone to the east and approximately 451 feet from the closest flood zone to the south, and the property is out of the Little River drainage basin and uphill from this basin. Lastly, the parcel is approximately 451 feet from the southern border of the Northern Community Separator Overlay District.
RECOMMENDATION: Within the general vicinity and within the Northern Community Separator Overlay District there are many single-family dwellings on acreages of various sizes. This request is on the furthest western portion of the District, not in a flood zone and meets open space requirements. Therefore, due to the unique factual circumstances, this case presents a reasonable basis for staff to support the request for removal from the Northern Community Separator Overlay District. Staff recommends approval of Ordinance No. O-1314-53. The Planning Commission, at their meeting on June 12, 2014, recommended adoption of Ordinance No. O-1314-53 by a vote of 9-0.