LEGISLATIVE RESEARCH CENTER
File #: 24-223    Name:
Type: Public Hearings Status: Agenda Ready
File created: 2/1/2024 In control: Planning Commission
On agenda: 2/8/2024 Final action: 2/8/2024
Title: Public hearing, consideration, and possible action regarding PUD-001265-2024 (Planned Unit Development), Sunset at Broken Arrow, A-1 (Agricultural), generally located one-half mile north of New Orleans Street (101st Street), three-quarters of a mile west of Evans Road (225th East Avenue), east of the Creek Turnpike
Attachments: 1. 2-Case Map, 2. 3-Aerial, 3. 4-Comprehensive Plan, 4. 5-PUD-001265-2024 Design Statement, 5. 6-FAQ, 6. 7-Traffic Impact Study, 7. 8-Noise Assessment

Broken Arrow Planning Commission

02-08-2024

 

To:                     Chair and Commission Members

From:                     Community Development Department

Title: 

title

Public hearing, consideration, and possible action regarding PUD-001265-2024 (Planned Unit Development), Sunset at Broken Arrow, A-1 (Agricultural), generally located one-half mile north of New Orleans Street (101st Street), three-quarters of a mile west of Evans Road (225th East Avenue), east of the Creek Turnpike

End

 

Background:

Applicant:                                          Kimley-Horn

Owner:                     City of Broken Arrow

Developer:                                          City of Broken Arrow and Events Live

Engineer:                                          Kimley-Horn

Location:                     One-half mile north of New Orleans Street (101st Street), three-quarters of a mile west of Evans Road (225th East Avenue), east of the Creek Turnpike

Size of Tract                                          41.15 acres

Present Zoning:         A-1 (Agricultural)

Proposed Zoning:                     A-1/PUD-001265-2024

Comp Plan:                                          Level 6 (Regional Employment/Commercial)

 

Planned Unit Development (PUD)-001265-2024, Sunset at Broken Arrow, is a 41.15-acre tract proposed to be developed as an outdoor amphitheater with approximately 12,500 seats. This property is currently unplatted and is zoned A-1 (Agricultural).

 

An outdoor amphitheater is considered a “Outdoor, Major Entertainment Facility” use. According to the Broken Arrow Zoning Ordinance, an Outdoor Major Entertainment Facility is a use permitted by Specific Use Permit or PUD in the A-1 zoning district. This use is required to abut an arterial or collector street to qualify for a specific use permit as outlined in section 3.2-Specific Use Permit Standards-of the Zoning Ordinance.

 

The development of this site for the proposed use will require that the property be platted. It is intended that the site for the amphitheater will be sold to the developer of the project, while the remainder of the property will be retained by the City of Broken Arrow. Due to the sale of the amphitheater lot and the associated setback reductions necessary to construct the site, Staff recommended that the site be developed with a PUD (Planned Unit Development) in order to address the requirement for the specific use permit and other alterations to the Zoning Ordinance necessary.

PUD-001265-2024 is proposed to be developed in accordance with the use and development regulations of the A-1 (Agricultural) zoning district except as follows:

 

 

A-1 Zoning District Requirement

PUD-001265-2024 Request

Parking

No parking shall be permitted within a required front yard or building line setback within agriculture (A-1) district

Parking may be placed within a front yard or building line setback. Parking may be provided offsite through shared parking agreements with the City of Broken Arrow and Northeastern State University

 

No off-site parking space may be located more than 600 feet from an  entrance

No off-site parking space may be located more than 6,500 feet from an entrance

 

A building ~75,000 square feet would require 3 loading berths.

Off-street loading berths required shall be 3.

Minimum Lot Frontage

330-Feet

200-feet

Minimum Lot Size

5-acres

2.5 acres

Maximum Lot Coverage

30%

100%

Setbacks

Front: 50-feet Side, Both: 60-feet Side, One: 25-feet Side Setback for “exterior abutting public street or alley”: 50-feet Rear: 50-feet

Front: 20-feet Side, Both: 0-feet Side, One: 0-feet Side Setback for “exterior abutting public street or alley”: 0-feet Rear: 20-feet

Building Height

30-feet

No Maximum

Landscaping

10-foot landscaped edge

No landscaped edge required only on the areas listed: -The lot containing the amphitheater. -The southern and eastern boundary of parking lot 1 (north of amphitheater). Due to the layout of the site, the traditional 10-foot landscape buffer from the right-of-way is not be feasible in these locations. A 10-foot landscape easement will be provided  within the right-of-way along the east side of Block 1 and the south side of Block 2 . - The north side of parking lot 2 adjacent to the railroad right-of-way

 

No parking space shall be located more than 75-feet from a landscaped area

No parking space shall be located more than 250-feet from a landscaped area

 

Development in nonresidential districts that abut any agricultural district shall install and maintain screening fences, which hall be at least 8-feet and no more than 10-feet in height

No screening from adjacent properties is required

Exterior Lighting

An applicant may use either the “Fixture Height Standard” or the “Photometric Standard,”  as detailed below in Subsection E of the Zoning Ordinance

A photometric plan will be required per the City of Broken Arrow Ordinance.

 

Allowable heights of light fixtures shall be between 16-feet and 35-feet depending on the distance from abutting property

All light fixtures may be a maximum of 40-feet in height

 

On January 9, 2024, a public meeting was held at Northeastern State University for residents in the area surrounding the proposed amphitheater. Approximately 140 people attended the meeting. Notes Live gave a presentation on the proposal and answered questions regarding noise, traffic, and safety. A document of frequently ask questions was provided at the meeting and is an attachment to this report. In addition, Notes Live has provided the attached Traffic Impact Study and Noise Assessment for review.

 

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

A-1

Railroad

East

Public/Semi-Public

A-1

Rosewood Elementary

South

Public Recreation

A-1

Broken Arrow Events Park

West

Level 6

A-1

Creek Turnpike

 

According to Section 6.4 of the Zoning Ordinance, the PUD provisions are established for one or more of the following purposes:

 

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.

 

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.

 

3.                     To encourage the provision and preservation of meaningful open space.

 

4.                     To encourage integrated and unified design and function of the various uses comprising the planned unit development.

 

5.                     To encourage a more productive use of land consistent with the public objectives and standards of accessibility, safety, infrastructure and land use compatibility.

 

In Staff’s opinion, PUD-001265-2024 satisfies items 1, 2, and 5 of Section 6.4.A of the Zoning Ordinance. 1.) The use of this property as an outdoor amphitheater is consistent with the use of the property to the south as the Broken Arrow Events Park. 2.) The shared parking proposed with this development ultimately promotes a more productive use of the land by minimizing overall parking requirements. This site is uniquely situated to where the noise of outdoor events can be mitigated due to being separated from residential areas by the Creek Turnpike, the Railroad, and the Events Park. 3.) This development utilizes land that is otherwise limited in use, being bounded by an Elementary School, an Events Park, and having no direct arterial street access.

 

According to FEMA maps, none of the property is located in the 100-year floodplain.  Water is available from the Rural Water District 4 and the City of Broken Arrow. Sanitary sewer is available from the City of Broken Arrow.

 

Attachments:                                Case map
                                   Aerial photo
                                   Comprehensive Plan Future Development Guide
                                   PUD-001265-2024 Design Statement
                                   Frequently Ask Questions
                                   Traffic Impact Study
                                   Noise Assessment
  

Recommendation:                      

Based upon the location of the property, and the surrounding land uses, Staff recommends that PUD-001265-2024 be approved subject to the property being platted.

 

Reviewed by:  Amanda Yamaguchi

 

Approved by:  Grant Rissler