LEGISLATIVE RESEARCH CENTER
File #: 16-323    Name:
Type: Public Hearings Status: Agenda Ready
File created: 3/15/2016 In control: Planning Commission
On agenda: 3/24/2016 Final action: 3/24/2016
Title: Public hearing, consideration, and possible action regarding BAZ 1956, Aspen Creek Marketplace, 38.40 acres, A-1 to CH, south of the Creek Turnpike, west of Aspen Avenue, and north of Tucson Street
Attachments: 1. 2-CASE MAP.BAZ-1956.pdf, 2. 3-AERIAL.BAZ 1956.pdf, 3. 4-COMP PLAN.BAZ 1956.pdf, 4. 5-PROPOSED CONCEPT PLAT.pdf
Related files: 16-402

Broken Arrow Planning Commission

03-24-2016

 

To:                     Chairman and Commission Members

From:                     Development Services Department

Title: 

title

                     Public hearing, consideration, and possible action regarding BAZ 1956, Aspen Creek Marketplace, 38.40 acres, A-1 to CH, south of the Creek Turnpike, west of Aspen Avenue, and north of Tucson Street

End

 

Background:

Applicant:                                          Joel Riggs, Super Market Developers, Inc.

Owner:                     Burnstein Family Investment Company, LLC and John Hausam Revocable Trust

Developer:                                          Super Market Developers, Inc. 

Engineer:                                          Renaissance Infrastructure Consulting

Location:                                          South of the Creek Turnpike, west of Aspen Avenue, and north of Tucson Street

Size of Tract                                          38.40 acres

Number of Lots:                     1

Present Zoning:                     A-1

Comp Plan:                                          Level 6 (Regional Employment/Commercial) and Greenway/Floodplain

 

BAZ 1956 is a request to change the zoning designation on a 38.40-acre undeveloped tract from A-1 (Agricultural) to CH (Commercial Heavy).  The unplatted property is located south of the Creek Turnpike, west of Aspen Avenue, and north of Tucson Street.  The A-1 zoning was assigned to the property when it was annexed into the City Limits on February 23, 2000, with Ordinance 2264. 

 

Applicant is interested in developing a grocery store and other retail uses on the property.  The property abuts the Creek Turnpike and there is a full directional interchange at Aspen Avenue and the Creek Turnpike.  As part of the development, and in accordance with the Comprehensive Plan, a frontage road will be constructed from Aspen Avenue to the west part of the property.  In addition to the connection to Aspen Avenue, there will be three points of access to Tucson Street.  A preliminary plat has been submitted in conjunction with the rezoning request.

 

There is an existing off-premise advertising sign on the property, as well as others to the west along the Creek Turnpike.  Currently, the Zoning Ordinance does not allow any freestanding signs within 1,500 feet of an off-premise advertising sign.  A PUD has not been submitted with this rezoning request.

 

The CH (Commercial Heavy) zoning being requested permits automobiles, truck sales, and automobile service type uses with the approval of a Specific Use Permit.  While CG zoning would not allow the sale and repair of vehicles, it has not been requested.  Although there is no PUD submittal with this rezoning request to limit land uses to retail sales, the applicant has mentioned that they may consider a future PUD option.

 

According to the FEMA maps, the west part of the property is located in the 100-year floodplain of Aspen Creek.  

                     

Surrounding land uses and zoning classifications include the following:

 

North:                                          A-1                                                                                                                              Creek Turnpike and undeveloped

East:                                          RD, CN, and CG                                                                                    Undeveloped

South:                                          RS-3/PUD 181                                                                                    Spring Creek addition

West:                                          A-1(CH/RM/PUD 224 via BAZ 1902)                     Undeveloped

 

The property is designated as Level 6 and Greenway/Floodplain in the Comprehensive Plan.  CH zoning is identified as being in conformance with the Comprehensive Plan in Level 6.  The 100-year floodplain area needs to be zoned FD (Floodplain District).

 

Attachments:                                Case map
                                   Aerial photo
                                   Comprehensive Plan
                                   Proposed concept plan                       

 

Recommendation:                      

Based on the Comprehensive Plan, the location of the property, and the surrounding land uses, Staff recommends that BAZ 1956 be approved, subject to the property being platted.  The portion of the property located outside the 100-year floodplain shall be zoned CH, and the portion of the property located within the 100-year floodplain shall be zoned FD.

 

Reviewed By:                                          Farhad Daroga

 

Approved By:                      Michael W. Skates

FKD:  BDM