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LEGISLATIVE RESEARCH CENTER
File #: 24-1188    Name:
Type: General Business Status: Agenda Ready
File created: 8/27/2024 In control: Broken Arrow City Council
On agenda: 9/3/2024 Final action:
Title: Consideration, discussion, and possible action regarding BAZ-001624-2024 (Rezoning) and PUD-001623-2024 (Planned Unit Development), Ven Park, A-1 (Agriculture) and R-2 (Single-Family Residential) to CM Community Mixed-Use, 10.9 acres, Level 2 and 3 to Level 3 to Level 3 via COMP-001531-2024, located one-quarter mile north of Kenosha Street (East 71st Street South) and one-quarter mile east of North Elm Place (North 161st East Avenue)
Sponsors: Planning Commission
Attachments: 1. 1. Planning Commission Staff Report, 2. 2. Case Map, 3. 3. Aerial, 4. 4. PUD-001623-2024 Design Statement
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broken Arrow City Council

Meeting of: 09-03-2024

 

Title:

title

Consideration, discussion, and possible action regarding BAZ-001624-2024 (Rezoning) and PUD-001623-2024 (Planned Unit Development), Ven Park, A-1 (Agriculture) and R-2 (Single-Family Residential) to CM Community Mixed-Use, 10.9 acres, Level 2 and 3 to Level 3 to Level 3 via COMP-001531-2024, located one-quarter mile north of Kenosha Street (East 71st Street South) and one-quarter mile east of North Elm Place (North 161st East Avenue)

End

 

Background:

BAZ-001624-2024 (Rezoning) and PUD-001623-2024 (Planned Unit Development) is a request to change the zoning on the 10.9 acre property from A-1 and R-2 to CM/PUD-001623-2024. located one-quarter mile north of Kenosha Street and one-quarter mile east of North Elm Place. The property is currently un-platted and undeveloped.

 

COMP-001531-2024 was on the Planning Commission agenda on June 27th, 2024, and August 8th meeting, where approval was recommended to City Council. This comprehensive plan change is a proposal to change the Comprehensive Plan designation from Level 2 (Urban Residential) and Level 3 (Transitional Area) to Level 3. COMP-001531-2024 was heard by City Council on August 20th, 2024. At the time of writing the staff report, this meeting has not occurred yet.

 

BAZ-001624-2024 is an application to change the base zoning of this parcel to Community Mixed-Use. PUD-001623-2024 proposes a mixed-use development, with a variety of housing including Single Family Detached, Single Family Attached, Duplex, Cottage Court, and some commercial aspects in the form of Live/Work townhome style development. The PUD sets a maximum of 95 dwelling units, with 82 being shown in the conceptual exhibit. CM allows for all of the proposed uses, except for Duplex and Single Family Detached. It has been interpreted that these are the lower intensity uses, which can be allowed with PUD-001623-2024. Additionally, when looking at the commercial uses allowed in the Live/Work area, the commercial uses decrease the uses allowed by right, or by specific use permit, in the CM district. The proposed PUD defines cottage court and live/work use categories, which were heavily influenced by the Downtown Residential Overlay District. PUD-001623-2024 proposes different design standards for single family detached, single family attached, duplex, cottage court, and live/work attached. These design standards are summarized in the table below.

 

 

Zoning Ordinance

Single Family Detached

Single Family Attached

Duplex

Cottage Court

Live/Work Attached

Lot Size

5 acres

1,690 Sq ft

1,300 Sq ft

2,680 Sq ft

10,000/1,200 Sq ft

1,300 Sq ft

Frontage

N/A

30’

20’

40’

50’/25’

20’

Coverage

50% Min

95% Max

95% Max

95% Max

80%/95% Max

100% Max

Front Setback

0’-25’

3’

3’

3’

3’

3’

Side Setback

None

3’

0/3’

3’

0/3’

0

Rear Setback

None

2’

2’

2’

2’

2’

Height

2.5 Stories / 35’

3 stories / 50’

3 stories / 50’

3 stories / 50’

3 stories / 50’

4 stories / 60’

Parking

2 per unit

2 per unit

2 per unit

1 per unit

1 per unit

2 per unit

 

 

The primary access of this site is proposed to be off an extension of West Madison Street, which would pass through city owned property currently being used as a regional detention facility. Secondary access is still being discussed with potentially gated access south on to North Circle Drive. Multiple options have been discussed for secondary fire access. These options include a potential path on the west of the detention facility, a connection onto Ash, or a potential connection onto Oakland Place. These details have not been decided, but the development will be required to provide secondary access sufficient to meet the fire code requirements. A stub street is proposed to be provided to the undeveloped property to the north. The conceptual layout that has been submitted with this application is still subject to change. This layout has a public street that gives frontage to all of the proposed lots, except the cottage court lots, which can count the internal court as frontage, with additional access being provided from private alleys. The final layout will have to meet all requirements in the zoning ordinance, Engineering Design Criteria, and the international fire code.

 

A community meeting was held Friday August 2nd from 4:45-5:45pm at the Broken Arrow Public Library, where modifications to the conceptual PUD were discussed. Some of the items addressed in the community meeting were fencing, landscaping, and gating the southern access onto North Circle Drive. The PUD does require a 30’ landscape buffer along the south and eastern edges, planted with one tree per 50 linear feet, in addition to a 6’ fence. The conceptual exhibit does show a gated access onto North Circle Drive. Section 6.3.c of the subdivision regulations only allow gates to be installed on private streets. A variance to the subdivision regulation is being heard concurrently tonight as well as the proposed PUD, which does state that the gated access on the public street is allowed.

 

According to FEMA’s National Flood Hazard Layer, this property is located outside of the 100-year floodplain. Sanitary sewer and water are available from the City of Broken Arrow.

 

 BAZ-001624-2024 and PUD-001623-2024 were heard by Planning Commission on September 3rd, 2024, where 11 citizens were in opposition but did not wish to speak, and 10 citizens were opposed and signed up to speak. Concerns included traffic, density, pool placement, and the primary concern discussed was the placement of the pickleball courts. Planning Commission recommend approval per staff recommendation with the following items being added to the PUD:

Pickelball courts being moved to the interior or west of the site, and not along the south and east side of the development. This motion passed with a 3-1 vote, with one abstention.

 

Following the Planning Commission meeting, the applicant updated the PUD Design Statement to prohibit pickleball courts in the 30’ landscape edge on the east and south of the development, as well as in Development area B as shown in Exhibit D of the design statement. Since the applicant updated the PUD document as Planning Commission recommended, the recommendation to approve will be as presented in the design statement.

 

 

 

 

 

 

Cost:                                                                $0

Funding Source:                     None

Requested By:                      Rocky Henkel, Director of Community Development

Approved By:                      City Manager’s Office

Attachments:                                          Planning Commission Staff Report
                                    Case Map
                                             Aerial Photo
                                    PUD-001623-2024 Design Statement
                                 

Recommendation:

recommend

Approve BAZ-001624-2024 (Rezoning) and PUD-001623-2024 (Planned Unit Development) per Planning Commission and Staff recommendation.

end