Broken Arrow City Council
Meeting of: 04-16-2024
Title:
title
Considerations, discussion, and possible approval of PUD-001360-2024 and BAZ-001206-2023 (Rezoning), Spring Creek Crossing, 38 acres, A-1 (Agricultural) to RS-4 (Single-Family Residential) and PUD (Planned Unit Development)-001360-2024, located north of Tucson Street (121st Street), one-quarter mile west of 9th Street (177th East Avenue/Lynn Lane Road)
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Background:
PUD (Planned Unit Development)-001360-2024 and BAZ-001206-2023 are concurrent applications to rezone 38 acres from A-1 (Agricultural) to RS-4 (Single-Family Residential) and PUD-001360-2024 for Spring Creek Crossing. This property is generally located north of Tucson St (121st St), one-quarter mile west of 9th St (177th E Ave/Lynn Lane Rd). The property is presently undeveloped and unplatted.
The proposed Spring Creek Crossing development consists of single-family residential homes on individual lots. The maximum number of dwellings proposed in the development is 145, with a minimum lot size of 50-feet by 100-feet or 5,000 sq ft. Per the standards RS-4 zoning district, 214 lots would be permitted.
The PUD proposes a minimum of 15%, or approximately 5.7 acres of open space in the form of stormwater detention pond reserve areas, interconnected walking trails/sidewalks, community gardens, and/or parks.
The development will be served by public streets. The primary access point will be from one entry off Tucson Street, which aligns with South 3rd Street. An existing stub street at the East Raleigh Street will provide connection from the South Ridge Park subdivision to the west. Per the Broken Arrow Subdivision regulations (Section 6.3.c.1) a gate may not be installed on public streets.
Section 5.3.B.2.b of the Zoning Ordinance requires that all new development provide stub streets to connect to vacant land. The PUD modifies this requirement by instead dedicating right of way along the northeastern edge of the site that would touch all of the abutting undeveloped properties. This right of way will be approximately 50 feet in width. No street construction will be required with the Spring Creek Crossing development within this right of way.
The Engineering Design Criteria Manual requires that a Traffic Impact Analysis (TIA) be performed by a proposed development if the development meets the criteria established in the Oklahoma Department of Transportation Policy on Driveway Regulations for Oklahoma Highways. This would be evaluated during the platting process. The developer has committed to the installation of a traffic signal at Tucson Street and South 3rd Street as a part of this development.
RS-4 zoning is considered to be in accordance with the Comprehensive Plan in Level 2. PUD-001360-2024 is proposed to be developed in accordance with the RS-4 district of Zoning Ordinance except as specified below. All changes are in accordance with the RS-C district of the proposed Zoning Ordinance previewed by City Council on November 7, 2023.
The applicant held a Community Meeting on Thursday, March 21st at 6:00pm. Thirteen residents attended the meeting and asked questions relating to traffic, fencing, detention ponds, and the 50-foot buffer areas.
A petition in opposition to this development was submitted to the City Clerk’s Office on Monday, March 25, 2024. The petition had 91 signatures representing 37 property owners in the surrounding 300-foot radius of the subject tract. An independent analysis of this petition was done by INCOG (Indian Nation Council of Governments) to determine the percentages of property represented by the petition.
One resident disagreed with the outcome of the petition. Staff reevaluated the signatures and addresses and confirmed that eight (8) addresses were inadvertently left off the evaluation. This error was due to the majority of a page of signatures being identical to another page. The last eight signatures on the “duplicate” page were in fact unique addresses. Staff requested a new map evaluation be created. Per the corrected analysis, 22% of property located inside the 300-foot radius (excluding right-of-way and the subject tract) was represented by the petition.
Protests of proposed amendments to zoning changes are subject to Oklahoma State Statutes, Title 11, Chapter 1, Article XLIII, Section 43-105. This section states that if a petition represents the owners of 50% of the area of the lots within the 300-foot radius of the exterior boundary, a favorable vote of three-fifths of the governing body (City Council) is required for the proposal to pass. Per the State Statute, the submitted petition does not represent the minimum land area required to trigger a three-fifths vote by City Council for approval.
This item was considered by the Planning Commission on March 28, 2024 and recommended for approval (4-0 vote). Nine (9) residents spoke in opposition to this development at the meeting. Primary concerns include traffic increases on Tucson Street and through the existing neighborhoods, increase burden on the school system, unproportionate density of the proposed development, and fencing along the 50-foot buffer areas.
Assistant City Manager, Kenny Schwab, spoke to the traffic in the area in relationship to the schools. Mr. Schwab gave information concerning the previous locations of school crosswalks, their relocations, and traffic patterns. On April 1, 2024, Mr. Schwab visited the school facilities at Childers Middle School and Spring Creek Elementary School to observe traffic the traffic operations directly associated with each individual facility’s End of Day School Release operations. The analysis supports that the instillation of a traffic signal would be beneficial to the area. A copy of Mr. Schwab’s report is provided as an attachment to this report.
Commissioner Goranson, Vice Chairman of the Planning Commission, showed a map of elementary and middle school enrollment boundaries to show the total area of land that each school encompasses. He stated that development anywhere within these boundaries will have an impact on the school system. These documents are attached to this report.
The applicant provided calculations on the density of the proposed development. The proposed development has a maximum density of approximately 3.91 units per acre. The neighboring addition to the west of the proposed development has an existing density of approximately 3.21 units per acre.
Perimeter fencing along the 50-foot buffer areas is not required by the Zoning Ordinance. Fencing will be required along the arterial street frontage of the property. Per the proposed PUD, trees and existing vegetation in the 50-foot buffer is to remain in its current state unless it is required to be removed to facilitate trail construction. If a new fence were to be required along the east and west boundaries of the property, it is possible that a large portion of existing trees would be removed.
Sixty-six (66) residents submitted in forms stating their opposition to the development prior to the meeting but did not wish to speak. Five (5) residents submitted in forms stating their support of the development.
Cost: $0
Funding Source: -
Requested By: Rocky Henkel, Community Development Director
Approved By: City Manager’s Office
Attachments: text
Published Planning Commission Staff Report
Case map
Aerial photo
Comprehensive Plan
PUD-001360-2024 Design Statement
Community Meeting Invitation
Petition Submitted 3-25-2024
Petition Evaluation Updated 4-9-2024
Title 11-Section 42-105
Elementary School Boundary Map
Middle School Boundary Map
Traffic Observation and Analysis
Recommendation:
recommend
Approve PUD-001360-2024 and BAZ-001206-2023 per Planning Commission and Staff recommendations.
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