LEGISLATIVE RESEARCH CENTER
File #: 15-172    Name:
Type: Old Business Status: Held
File created: 7/10/2015 In control: Planning Commission
On agenda: 7/23/2015 Final action:
Title: Public hearing, consideration, and possible action regarding PUD 207D, QuikTrip, a request for a major amendment to PUD 207, 2.39 acres, CH/PUD 207 to CH/PUD 207D, north of the Broken Arrow Expressway, west of 9th Street
Attachments: 1. 2-CASE MAP.PUD 207D.pdf, 2. 3-AERIAL.PUD 207D.pdf, 3. 4-PUD 207D DESIGN STATEMENT.pdf, 4. 5-CONCEPTUAL SITE PLAN.PUD 207D.pdf, 5. 6-EXCERPTS FROM PUD 207.pdf, 6. 7-PHOTOGRAPHS.PUD 207D.pdf
Related files: 15-293

Broken Arrow Planning Commission

07-23-2015

 

To:                     Chairman and Commission Members

From:                     Development Services Department

Title: 

title

                     Public hearing, consideration, and possible action regarding PUD 207D, QuikTrip, a request for a major amendment to PUD 207, 2.39 acres, CH/PUD 207 to CH/PUD 207D, north of the Broken Arrow Expressway, west of 9th Street

End

 

Background:

Applicant:                                          Michael Ward, QuikTrip

Owner:                     Hillside Development LLC

Developer:                                          QuikTrip

Engineer:                                          AAB Engineering, LLC

Location:                                          North of the Broken Arrow Expressway, west of 9th Street

Size of Tract                                          2.39 acres

Number of Lots:                     1

Present Zoning:                     CH/PUD 207

Comp Plan:                                          Level 6

 

Planned Unit Development (PUD) 207D is a request for a major amendment to PUD 207 on 2.39 acres located north of the Broken Arrow Expressway, west of 9th Street, on the northwest corner of 9th Street and Hillside Drive.  With PUD 207D, applicant is requesting to modify the sign and development regulations on this parcel.  QuikTrip is contemplating constructing a new store on the property associated with PUD 207D.  The property has been platted as part of Hillside Crossing.  A request to split part of Lot 2, Block 1 and attach it to Lot 1 has also been submitted.

 

HISTORY OF PUD 207

On November 20, 2006, the City Council approved BAZ 1736 to change the zoning on most of the property to C-5.  The C-5 district was changed to CH with the Zoning Ordinance update in 2008.  BAZ 1736 was approved subject to platting.  On December 21, 2010, the City Council approved PUD 207 on 19.58 acres along with BAZ 1860 (A-1 to CH) on 0.18 acres.  Both PUD 207 and BAZ 1860 were approved subject to platting.  On August 22, 2013, the Planning Commission approved PUD 207A that modified the parking requirements on Lots 3 and 4 and modified the access point onto Hillside Drive with the provision that a raised median would be installed.  The plat for Hillside Crossings was recorded in Tulsa County on December 20, 2013.  On May 5, 2014, the Planning Commission approved PUD 207B to allow a project identification sign, 25 feet in height and containing 300 square feet, to be located 12 feet from the property line next to 9th Street.  In addition, it was recognized that the detention facility would not be a wet facility.  On March 12, 2015, the Planning Commission approved PUD 207C, a minor amendment to allow light poles in the utility easement adjacent to 9th Street on Lot 1, Block 2 of Hillside Crossings.

 

CHANGES REQUESTED WITH PUD 207D

A summary of the changes being requested with PUD 207D is provided in the table below along with a comparison between what the Zoning Ordinance requires along with what was approved with PUD 207 in 2010. 

 

Requirement

Zoning Ordinance

PUD 207

PUD 207D

Maximum Number of Parking Spaces Allowed

125% of the minimum number of spaces required, uses with high sales volume per floor area or low parking turnover are excluded.

Same as Zoning Ordinance.

Eliminate the maximum parking restrictions for an increase in allowable parking.

Canopy Setback

Same as for buildings, 50 feet from front property lines.

Same as Zoning Ordinance.

Requested to be reduced from 50 feet to 40 feet along 9th Street frontage.

Maximum distance from a parking space to a landscape area on a sites with more than 2.5 acres

75 feet

75 feet

100 feet

Size of tree (small, medium, or large)

No restriction, can be small, medium, or large.

At least 50% of the trees have to be large trees.

No restriction, can be small, medium, or large.

Light poles in utility easements next to street right-of-way

Not allowed

Not allowed, except on Lot 1, Block 2 that was approved via PUD 207C.

Request light poles be allowed in utility easement next to Hillside Drive.

Number of trees per parking spaces

1 tree required per 15 parking spaces.

1 tree required per 15 parking spaces.

1 tree required per 10 parking spaces.

Number of shrubs required where parking abuts landscape edge

10 shrubs per 50 lineal feet

10 shrubs per 50 lineal feet

1 shrub per lineal foot along 9th Street and one shrub per 2 lineal feet along Hillside Drive, grouped into three areas.

Sign Height

20 feet

8 feet high for signs on lots, 25 feet for overall development sign

One 18 foot high sign along 9th Street, and one 40 foot high sign on Hillside Drive

Sign size

300 square feet

96 square feet for monument signs on lot, 300 square feet for development identification signs.

84 square feet for 18 foot high sign and 140 square feet for 40 foot high sign.

 

SIGN MODIFICATION REQUEST

When PUD 207 was adopted in 2010 there was much discussion regarding signage on the property.  The property is adjacent to the Broken Arrow Expressway and is one of the major points of entry into the City.  This PUD is south of the Stone Wood Hills and West Wind neighborhoods.

 

PUD 186, which abuts this property immediately to the north, was approved in 2008.  In PUD 186, one free standing sign was permitted per tract.  Signs were limited to 20 feet in height with a maximum display area of 250 square feet.  Two signs have been installed on the property.  One is a development identification sign and the other is a low monument sign.

 

Across 9th Street to the east, SP 223 that was approved in 2008 limits the signs on each lot to 10 feet in height, 39 square feet in size.  Three development identification signs are allowed in the 64.80 acre site associated with SP 223.  Two of the development identification signs were allowed to be 35 feet in height and contain 298.60 square feet and the third was 15 feet in height with 128 square feet.  The three development identification signs have been installed along with 10 monument signs.

 

PUD 207 presently limits signs on lots to 8 feet in height and 96 square feet.  Two development identification signs are allowed up to 25 feet in height and 300 square feet.  The development identification signs have been installed.  One monument sign for Sprouts has been installed and the site plan for the retail site under construction east of Sprouts has been approved with a monument sign that meets the requirements of PUD 207. 

 

With PUD 207D, applicant is requesting to have two signs, one 40 foot high sign with 140 square feet located on the southwest corner of the property, and the other sign 18 feet in height and 84 square feet located adjacent to 9th Street.

 

SURROUNDING LAND USES/ZONING/COMPREHENSIVE PLAN

 

The surrounding properties contain the following uses, along with the following development guide and zoning designations:

                     

Location

Development Guide

Zoning

Land Use

North

Level 6

CH/IL/PUD 186

Restaurant, retail center, and mini-storage

East

Level 6

CH/SP 223

Undeveloped, office, and major retail commercial

South

Level 6

CH/PUD 207

Grocery store and retail center under construction

West

Level 6

CH/PUD 207

Undeveloped

                     

The property is not located in a 100-year floodplain area.  AEP-PSO does have an easement and major overhead power lines along the north part of the property.

 

Attachments:                                Case map
                                   Aerial photo
                                   PUD 207D design statement
                                   Conceptual site plan
                                   Excerpts from PUD 207
                                   Photographs

Recommendation:                      

Based on the Comprehensive Plan, the location of the property, and the surrounding land uses, Staff recommends that PUD 207D be approved subject to the requests for modification to the sign regulations, both 40 foot and 18 foot high signs, being deleted.  Information and facts for the Planning Commission to consider in evaluating the signs modifications requested with PUD 207D are provided below:

 

1.                      The sign modifications requested with PUD 207D are out of character with the surrounding area.  The property to the north has a low monument sign, even though it is allowed to have a 20 foot high sign.  All the individual lots on the 64.80 acre parcel to the east have monument signs limited to 10 feet in height and 39 square feet.  Ten monument signs have been installed on the property to the east.  Signs 40 feet and 18 feet in height for one business would be much higher than the other signs in the area, providing an unfair advantage, and potentially setting a precedent.

 

2.                      The 40 foot high sign will be visible for only a small segment of the Broken Arrow Expressway.  Views of the sign for east bound traffic on the Broken Arrow Expressway are blocked by the hill to the west.  Views of the sign for west bound traffic are blocked by the overpass and trees.

 

3.                      Businesses constructed and under construction within PUD 207 have installed or will be installing signs in accordance with existing regulations of PUD 207.  This raises the question, “Why should another business in the same development be granted bigger and higher signs than what the other property owners were allowed to construct?”

 

4.                      The Zoning Ordinance does not permit 40 foot high signs more than 100 feet from a turnpike or limited access highway.  The proposed 40 foot high sign is located more than 500 feet from the right-of-way line along the Broken Arrow Expressway.

 

5.                      Sign standards in the Zoning Ordinance were established to provide orderly and equal opportunities to all businesses.  Issues of visibility for properties not located on a highway are not zoning and land use issues.

 

6.                      The request for the 40 foot high sign establishes a dangerous precedent.  Another convenience store is located approximately 1,000 feet south of the Broken Arrow Expressway.  If the 40 foot high sign is approved, they as well as other businesses in the area will be using such a precedent as justification for such a high sign on their property.  Similarly, if approved here, other such requests will be pointing to this location as justification for a higher sign on their property.

 

7.                      The 40 foot high sign, which has limited visibility from the Broken Arrow Expressway, will be highly visible and disruptive to the single family neighborhoods to the northwest and northeast.

 

8.                      Signs on the Broken Arrow Expressway directing motorists to gas stations, restaurants, and hotels are much more effective and less disruptive in directing motorists to this site.

 

9.                     There are existing development identification signs on the property that can be used.

 

10.                     A monument sign similar to the one at the store on Kenosha Street and 23rd Street meets the current requirements of PUD 207 and will be clearly visible from the east bound off ramp at 9th Street.

 

11.                     QuikTrip has other stores in Broken Arrow (such as Albany Street and Aspen Avenue) that are located near limited access highways that do not have 40 foot high signs.

 

If the Planning Commission prefers an 18-foot high sign on 9th Street, Staff could be supportive.

 

Five paper copies and one electronic copy in a PDF format of the PUD document incorporating changes required by the Planning Commission shall be submitted to the Development Services Department by July 30, 2015. 

 

Reviewed By:                                          Farhad Daroga

 

Approved By:                      Michael W. Skates

FKD:  BDM