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CONSIDERATION OF ORDINANCE O-1718-52 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING A PORTION OF RIGHT-OF-WAY SOUTH OF ROCK CREEK ROAD AND WEST OF PENDELTON DRIVE IN THE SOUTHWEST QUARTER OF SECTION FOURTEEN (14), TOWNSHIP NINE (9) NORTH, RANGE THREE (3) WEST OF THE INDIAN MERIDIAN, NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: In June 2009, the City Council approved an agreement with S & S Family Properties, LLC (K-0809-168) to solidify the acquisition of property necessary for the completion of the Rock Creek Road Overpass on the west side of I-35. There were a number of components to the agreement, including language that committed the City to consent to closing the public street portion of the then existing Rock Creek Road that would no longer be needed west of Pendleton Avenue. The agreement also provided that S & S Family Properties could seek to develop the parcel that would remain after the closure west of Pendleton provided some conditions were met. The conditions were set forth in the agreement as follows:
* The development plan must be for a single story commercial retail store with parking be allowed west of Pendleton;
* The remaining parcel east of Pendleton can be utilized only for drainage and open space requirements for the tract west of Pendleton;
* A Restrictive Covenant must be filed of record evidencing the use restriction;
* City maintenance requirements for any open space, drainage and parking must be satisfied;
* No curb cuts will be allowed on Rock Creek Road; and
* Access to the parcel shall be allowed only on the southeast corner of the west parcel.
DISCUSSION: S & S Family Properties, LLC desires to move forward with the development of the remaining parcel and has submitted a request for a rezoning from A-2 to C-1 zoning. The subject parcel was designated on the 2025 Land Use Plan as Commercial in 2009. Pursuant to the...
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