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Commission approves rezoning to allow peach farm; HOA restrictions noted
Summary
The Tulsa Metropolitan Area Planning Commission voted 5-3 to approve CZ-560, rezoning a Sand Springs-area lot from RE to AG to allow the owner to maintain a residence and establish a peach farm; staff said the request is consistent with the Comprehensive Plan and noted HOA covenants may privately restrict animals.
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The Tulsa Metropolitan Area Planning Commission on Dec. 4 recommended approval of CZ-560, a request to rezone Lot 1, Block 3 West Skyline Estates, from RE (Rural Estate) to AG (Agricultural). The motion to approve CZ-560 per staff recommendation passed 5-3 (Ayes: Turner-Addison, Rosene Robinson, Shivel, Walker, Zalk; Nays: Craddock, Humphrey, Whitlock).
Applicant Istvan Balogh told the commission "their plan was to put a peach farm there," and said he has filed documents to remove his parcel from the neighborhood homeowners association (HOA). Staff planning testimony noted the proposal sits within a Residential designation of the Tulsa County Comprehensive Plan but is compatible with surrounding AG zoning. Commissioners questioned whether future owners could keep livestock; staff planner Mr. Hoyt said, "the Zoning Code does not prohibit them, but there is a Homeowners Association that prohibits any kind of agricultural animals, so it would be privately enforceable."
The commission’s approval follows staff findings that the rezoning "is non-injurious to the surrounding proximate properties and consistent with the Comprehensive Plan and the anticipated future development pattern of the surrounding area." The record shows the property will remain a single-family residence while allowing AG uses; no specific conditions limiting animals were adopted by the commission, and enforcement of animal restrictions was discussed as a private HOA matter.
