Broken Arrow Planning Commission
07-11-2024
To: Chair and Commission Members
From: Community Development Department
Title:
title
Public hearing, consideration, and possible action regarding PUD-001521-2024 and BAZ-001569-2024, 81st Street Office Storage, 40 acres, A-1 (Agricultural) to IL (Industrial Light)/PUD (Planned Unit Development)-001521-2024, located north of Houston Street (81st Street), one-quarter mile west of 23rd Street (193rd East Avenue/County Line Road)
End
Background:
Applicant: Nathan Cross
Owner: Don Houpt (IOS Land Company LLC)
Developer: Don Houpt (IOS Land Company LLC)
Engineer: Joseph Watt
Location: North of Houston Street (81st Street), one-quarter mile west of 23rd Street (193rd East Avenue/County Line Road)
Size of Tract 40 acres
Present Zoning: A-1 (Agricultural)
Proposed Zoning: I-L/PUD-001521-2024
Comp Plan: Level 6 (Regional Employment/Commercial)
PUD-001521-2024 and BAZ-001569-2024 are a request to rezone 40 acres from A-1 to IL/PUD-001521-2024. This property is currently un-platted and undeveloped and is located north of Houston Street (81st Street), one-quarter mile west of 23rd Street (193rd East Avenue/County Line Road). PUD-001521-2024 was on the Planning Commission Agenda on June 13th 2024, where is was continued to July 11th 2024 per the applicants and staff request.
BAZ-001569-2024 proposes to rezone this property to Industrial Light (IL). This property is Comprehensive Plan Level 6, which labels rezoning to IL as possible. In the Future Development Guide of the Comprehensive Plan (attached) it says that IL would be considered in accordance with the comprehensive plan under the following conditions:
1. Done in association with a PUD
2. Such sites adjoin an existing industrial park.
3. Such sites with high visibility from roadways have the appearance of a quality corporate campus or business park; featuring quality landscaping, masonry building facades and no outdoor storage of materials; and are carefully reviewed as to proposed architectural styles, landscape, location of service areas, and according to the use of the PUD procedure.
4. Such sites that may adjoin residential areas are thoroughly screened and buffered from such areas by landscaping and/or less intense land uses.
This site meets the requirements of number 2 above, as the property abuts existing industrial sites on the west and the south of the proposed site. BAZ-001569-2024 has been submitted with PUD-001521-2024, which means that this project meets number 1 above. Staff believes that the reason the comprehensive plan requires a PUD for IL to be supported by comprehensive plan in level 6 is to increase the requirements listed above in number 3 and 4.
This site has high visibility from Houston Street. For a request to rezone to IL to align with the comprehensive plan condition number 3 outlines how the PUD must have requirements that give the property the appearance of a quality corporate campus or business park. Some of the ways that the comprehensive plan encourages these businesses to have the appearance of a corporate campus is to increase landscaping requirements, incorporate masonry façade requirements, to increase requirements for architectural styles, service locations, and use. Additionally, condition number 4 above points out that thorough screening and buffering through landscape areas or less intense uses where the property may adjoin residential uses. This would be required on the east side property.
Staff has made recommendations to the applicant multiple times on how different requirements could be added to the PUD that would help the proposed PUD to meet these requirements. Staff does not believe that these requirements have been met by the Planned Unit Development that was submitted, and for that reason the comprehensive plan does not support rezoning to Industrial Light in this area.
PUD-001521-2024 has been submitted as a requirement to rezone to Industrial Light in level 6 of the comprehensive plan. This application is being submitted with the intention of developing 12 acres of this site for the storage and distribution of portable buildings. The other 28 acres are proposed to be used as a future industrial light development. This PUD proposes a development area 1 and 2, which are not clearly shown on an exhibit, but are outlined in the attached legal descriptions. Development area 1 is comprised of the 12 acres to be developed first, as shown in the conceptual site plan. Development area 2 is proposed to be the remaining 28 acres on the eastern side of the parcel. The relevant sections of PUD-001521-2024 are outlined below:
Landscaping
PUD-001521-2024 proposes that development area 1 be developed to incorporate the requirements in the zoning ordinance for “Quality Landscaping” and consistent with the conceptual site plan included with the PUD application. The Broken Arrow Zoning Ordinance does not have a standard for “Quality Landscaping”, and the conceptual site plan does not show any landscaping.
With no defined definition of “quality landscaping” the city will not be able to enforce any landscaping requirements for the site.
Development area 2, which abuts the residential property to the east, is proposed to have only the minimum landscaping required by the Zoning Ordinance for the IL district.
Site Characteristics
This section lays out the maximum percentages for the different proposed surfaces within development area 1. Development area 2 is not mentioned.
Use
Development area 1 is proposed to allow for storage yard as defined in the zoning ordinance:
Any lot or portion of a lot that is used for the sole purposes of the outdoor storage of fully operable motor vehicles, construction equipment, construction materials, or other tangible materials and equipment.
Staff recommended that the applicant define storage yard in the PUD, to more clearly allow for the proposed use. This was not incorporated into the PUD.
Development area 2 is proposed to be developed within the use regulations of the zoning ordinance.
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 |
IL |
Platted/Undeveloped |
|
East |
Level 6 |
A-1 |
SF Residential |
|
South |
Level 7 |
IH |
Industrial |
|
West |
Level 7 |
IL |
Industrial |
According to Section 6.4.A of the Zoning Ordinance, the PUD provisions are established for one (1) or more of the following purposes. Staff does not believe that PUD-001521-2024 meets any of the below criteria, as explained below:
1. To permit and encourage innovative land development while maintaining appropriate limitation on the character and intensity of use and assuring compatibility with adjoining and proximate properties.
a. Staff does not believe that the proposed PUD has incorporated adequate safeguards to the residential neighbor to the east.
2. To permit greater flexibility within the development to best utilize the physical features of the particular site in exchange for greater public benefits than would otherwise be achieved through development under this Ordinance.
a. Staff does not believe that PUD-001521-2024 provides any benefit to the public that would not be achieved through this same project being developed to meet the standards of the zoning ordinance.
3. To encourage the provision and preservation of meaningful open space.
a. There is no open space requirement incorporated into the proposed PUD.
4. To encourage integrated and unified design and function of the various uses comprising the planned unit development.
a. No unified design has been presented, just one use and potential future uses to align with the zoning ordinance.
5. To encourage a more productive use of land consistent with the public objectives and standards of accessibility, safety, infra structure and land use compatibility.
a. Staff does not think that this PUD allows for a more productive use of land, or that it aligns with the public objectives as outlined in the comprehensive plan.
According to FEMA maps, none of the property is located in the 100-year floodplain. Water and Sanitary Sewer are available from the City of Broken Arrow.
Attachments: Case map
Aerial photo
Future Development Guide
PUD-001521-2024 Design Statement
Conceptual Site Plan
Legal Descriptions
Conceptual Elevations
Recommendation:
Based on the Comprehensive Plan and the surrounding land uses, staff recommends that PUD-001521-2024 and BAZ-001569-2024 be denied.
Reviewed by: Amanda Yamaguchi
Approved by: Rocky Henkel
HMB