Broken Arrow Planning Commission
07-26-2018
To: Chairman and Commission Members
From: Development Services Department
Title:
title
Approval of PT18-107, Preliminary Plat, Freedom Wash, a replat of Lot 5 and Lot 7, Block 1 of Kenwood Acres (Plat #1417), 2.76 acres, 2 Lots, R-1 to PUD 172/RD and CH, north of Kenosha Street, one-quarter mile west of 9th Street, between 4th Street and 5th Street
End
Background:
Applicant: Solomon Morgan, KKT Architects, Inc.
Owner: Robert H. Johnson, LLC
Developer: Freedom Wash, LLC
Engineer: KKT Architects, Inc.
Location: North of Kenosha Street, one-quarter mile west of 9th Street
Size of Tract 2.76 acres
Number of Lots: 2 proposed
Present Zoning: R-1 to PUD 172/RD and CH
Comp Plan: Level 6 and Level 3 (BACP-52 and BACP-60)
PT18-107, the preliminary plat for Freedom Wash, a replat of Kenwood Acres (Plat #1417), contains 2.76 acres and is proposed to be divided into 2 lots. This property, which is located north of Kenosha Street, one-quarter mile west of 9th, between 4th Street and 5th Street, is presently zoned R-1. On December 18, 2006, the City Council reviewed and approved PUD 172 along with BAZ 1734, a request to change the underlying zoning from R-1 to RD and CH. PUD 172 and BAZ 1734 were approved subject to the property being platted. At the time PUD 172 was approved, there was not any expiration provisions in the Zoning Ordinance.
Freedom Wash is a replat of Lot 5 and Lot 7, Block 1 of Kenwood Acres. The plat for Kenwood Acres was recorded in Tulsa County on July 12, 1948. At the time the plat was recorded, no street right-of-way was shown for 5th Street. The east 25 feet of right-of-way along 5th Street was dedicated by separate instrument and is recorded in Book 4815, Page 1041. According to Tulsa County records the west 25 feet of 5th Street was obtained when additional right-of-way was obtained along Kenosha Street. If Tulsa County records are in error, 25 feet of right-of-way should be dedicated by this plat along 5th Street. Consequently, there should not be a jog in the right-of-way along 5th Street.
There have been two Comprehensive Plan amendments on the property associated with Freedom Wash. On January 3, 2005, the City Council reviewed and approved BACP 52. In BACP 52, the north 485 feet of Lot 5, Block 1 of Kenwood Acres was changed from Level 1 to Level 3, with the remainder of the property designated as Level 6. BACP 52 was approved subject to the property being replatted. After BACP 52 was approved, applicant acquired additional property along 4th Street. On November 21, 2005, the City Council approved BACP 60, which changed the land use designation on the newly acquired property from Level 1 to Level 6. In addition, part of the area that was designated as Level 3 in BACP 52 was changed to Level 6. BACP 60 was approved subject to the property being replatted and a PUD being submitted.
On September 19, 2005, applicant submitted PUD 165 and BAZ-1693, which were similar to the application submitted with PUD 172 and BAZ-1734. However, before legal notices were sent on PUD 165 and BAZ-1693, applicant notified Staff to place their application on hold until further notice. PUD 165 and BAZ-1963 were dismissed as part of PUD 172 and BAZ-1734
According to the FEMA maps, none of the property is located in a 100-year floodplain area.
Water and sanitary sewer service to this development will be provided by the City of Broken Arrow.
Attachments: Checklist
Preliminary Plat, Covenants, and Conceptual Utility Plan
Kenwood Acres Plat
PUD 172 Approved Document
5th Street Right-of-Way Information from Tulsa County
Recommendation:
Staff recommends PT18-107, preliminary plat for Freedom Wash, be approved, subject to the attached checklist.
Reviewed By: Larry R. Curtis
Approved By: Michael Skates
BDM