Broken Arrow Planning Commission
10-08-2020
To: Chairman and Commission Members
From: Development Services Department
Title:
title
Public hearing, consideration, and possible action regarding PUD-94V (Planned Unit Development) and BAZ-2066, Aspen Circle, 6.90 acres, PUD-94/CG to PUD-94V/CH and IL, located north of the Broken Arrow Expressway, south of Albany Drive, and east of Aspen Avenue (145th E. Avenue)
End
Background:
Applicant: Eric G. Sack, Sack and Associates
Owner: Tahoe II Properties, LLC
Developer: Tahoe II Properties, LLC
Engineer: Sack and Associates
Location: North of the Broken Arrow Expressway, south of Albany Drive, and east of Aspen Avenue (145th E. Avenue)
Size of Tract 6.90 acres
Present Zoning: PUD-94/CG
Proposed Zoning: PUD-94V/CH and IL
Comp Plan: Level 6
Planned Unit Development (PUD)-94V involves a 6.90-acre parcel located north of the Broken Arrow Expressway, south of Albany Drive, and east of Aspen Avenue. Applicant is requesting a major amendment to PUD-94 and with BAZ-2066 is asking that the underlying zoning be changed from CG (Commercial General) to CH (Commercial Heavy) and IL (Industrial Light). Some of the potential uses being contemplated on the property include vehicle sales and rental, vehicle service and major repair (collision center), and a convenience store.
PUD-94V divides the 6.90 acres into two development areas, A and B. Development Area A, which contains 2.97 acres adjacent to Aspen Avenue, the Broken Arrow Expressway off-ramp, and Albany Drive, will be developed in accordance with the use and development regulations of the CH district except as modified by the PUD. While a convenience store is being considered conceptually, all uses allowed in the CH district, except sexually oriented businesses, are allowed in Development Area A. In addition, vehicle sales and rental is recognized as a permitted use.
Development Area B, which contains 3.93 acres next to Albany Drive and the Broken Arrow Expressway off-ramp, will be developed in accordance with the use and development regulations of the CH and IL district, except as modified by the PUD. The only permitted uses are limited to:
• Restaurant, drive-in
• Restaurant, drive-thru
• Convenience store with gas sales
• Alcoholic beverages, retail store
• Vehicle sales and rentals
• Vehicle services and repair, major
• Vehicle services and repair, minor
An automobile collision center is illustrated as part of the conceptual site plan.
PUD 94 HISTORY ON THE PROPERTY
PUD 94, along with BAZ 1236, were initially approved by the City Council on November 16, 1995, subject to the property being platted. PUD-94, known as “Battle Creek” was proposed as a mixed use development consisting of single family detached residences, multifamily residential, office and retail uses along with an 18-hole golf course, all located on 786.5 acres. The property associated with PUD 94V was designated as “Commercial Office” in PUD 94, for retail commercial, office, hotel, and restaurant use. On November 16, 2010, the City Council approved PUD 94-O, a major amendment to PUD-94, subject to the property being platted. In PUD 94-O, the property associated with PUD 94V was designated as “Commercial” and permitted uses were identified as those permitted within a C-2 District as existing on January 31, 2008. PUD 94-O was approved subject to platting. The property has not been platted, therefore, the zoning property on the property associated with PUD-94V and BAZ-2066 remains PUD-94/CG. On September 17, 2013, the City Council approved PUD-94S, a major amendment to PUD-94, to allow a new automobile dealership to be constructed on 10.5 acres located on the north side of Albany Drive, north of PUD-94V.
PUD-94V
A summary comparison between what is required by the Zoning Ordinance and what is being proposed with PUD-94V is provided below.
SUMMARY OF DEVIATION FROM THE BROKEN ARROW ZONING ORDINANCE FOR DEVELOPMENT AREA A
|
Item |
Broken Arrow Zoning Ordinance |
PUD-94VRequest |
|
Maximum Building Height |
No requirement |
2 stories or 35 feet |
|
Landscaping |
One tree per 50 feet of street and highway frontage |
Along the Broken Arrow Expressway and Aspen Avenue, one tree per 25 feet of highway and street frontage. Along West Albany Drive, one tree per 30 feet of frontage. All trees must be medium or large trees except where there are conflicts with overhead power lines. |
|
Access |
Access on arterial streets must be 250 feet apart, centerline to centerline on the same side of the street, and 200 feet, centerline to centerline, on the opposite side of the street. On collector streets, such as Albany Drive, access points must align or be 150 feet apart, centerline to centerline on both sides of the street. |
No access allowed to Aspen Avenue. If the western most access point on the north side of Albany Drive remains, only one access point to Albany Drive is allowed and it must align with the access point on the north side. If the western most drive on the north side is permanently closed and physically removed, two points of access are allowed to Albany Drive. The space between the two drives is reduced from 150 feet to 120 feet, centerline to centerline. |
|
Sidewalks |
5-feet wide on arterial streets and 4-feet wide on collector streets. |
Sidewalks will be 5-feet wide along both Aspen Avenue and Albany Drive. |
|
Freestanding Signs |
Up to 50 feet in height and 500 square feet for a sign with multiple users. |
Only one pylon sign is allowed for the entire PUD and it is limited to 25 feet in height. All other freestanding signs must meet the requirements of Section 5.7.D, which limits signs to 10 feet in height and 100 square feet. The base of all freestanding signs will be of substantially the same material as the exterior of the principal building on the lot. |
SUMMARY OF DEVIATION FROM THE BROKEN ARROW ZONING ORDINANCE FOR DEVELOPMENT AREA B
|
Item |
Broken Arrow Zoning Ordinance |
PUD-94VRequest |
|
Permitted uses |
As allowed in the CH and IL districts. |
The only permitted uses are: • Restaurant, drive-in • Restaurant, drive-thru • Convenience store with gas sales • Alcoholic beverages, retail store • Vehicle sales and rental • Vehicle services and repair, minor • Vehicle services and repair, major |
|
Maximum Building Height |
No requirement |
2 stories or 35 feet |
|
Exterior building materials |
Masonry along street frontages |
Blue and white metal wall panels allowed on the vehicle service and repair - major building. |
|
Minimum Building Setback |
50 feet from all street frontages |
50 feet from all street frontages. However, overhead doors used for service and repair and oriented towards a street shall setback at least 150 feet. |
|
Screening Fence |
Only required adjacent to residential and around dumpsters. |
In addition to the Zoning Ordinance requirements, a six-foot high masonry and wood fence will be installed around the area used for storing damaged vehicles. |
|
Landscaping |
One tree per 50 feet of street and highway frontage |
Along the Broken Arrow Expressway and Aspen Avenue, one tree per 25 feet of highway and street frontage. At least 90 percent of the trees shall be evergreen and must be medium to large trees except where there are conflicts with overhead power lines. Along West Albany Drive, one tree per 30 feet of frontage. At least 75 percent of the trees shall be evergreen and must be large trees except where there are conflicts with overhead power lines. |
|
Access |
Access on collector streets, such as Albany Drive, access points must align on both sides of the street, or be 150 feet apart, centerline to centerline. |
Access will meet the requirements of the Zoning Ordinance. |
|
Sidewalks |
4-feet wide on collector streets. |
Sidewalks will be 5-feet wide along Albany Drive. |
|
Freestanding Signs |
Up to 50 feet in height and 500 square feet for a sign with multiple users. |
Only one pylon sign is allowed for the entire PUD and it is limited to 25 feet in height. All other freestanding signs must meet the requirements of Section 5.7.D, which limits signs to 10 feet in height and 100 square feet. The base of all freestanding signs will be of substantially the same material as the exterior of the principal building on the lot. |
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 |
PUD-94S/CH |
Automobile sales and service |
|
East |
Levels 6 and 3 |
PUD-94S-1/CH and PUD-94/CG |
Automobile sales and service, undeveloped, and apartments |
|
South |
Broken Arrow Expressway |
PUD-94/CG |
Broken Arrow Expressway off ramp |
|
West |
Level 6 |
CH/SP 228 |
Automobile sales and service and undeveloped |
The property associated with PUD-94V and BAZ-2066 is designated as Level 6 in the Comprehensive Plan. CH (Commercial Heavy) zoning is in conformance with the Comprehensive Plan in Level 6. In addition, IL zoning is in conformance with the Comprehensive Plan in Level 6 when done in association with a PUD.
According to Section 6.4 of the Zoning Ordinance, the PUD provisions are established for one (1) 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, infra structure and land use compatibility.
In Staff’s opinion, PUD-94V satisfies items 1, 2, and 5 of Section 6.4.A of the Zoning Ordinance. (1) The uses permitted, especially in Development Area B are limited, assuring compatibly with adjoining and proximate properties. In addition, building height is limited to 2 stories or 35 feet. (2) Twice as much landscaping will be provided along the Broken Arrow Expressway than what is required by the Zoning Ordinance, thereby providing greater public benefits than would be achieved with just the Zoning Ordinance. No access is allowed to Aspen Avenue, but there is flexibility to allow the spacing to be reduced along Albany Drive if other conditions are met. (5) Aspen Avenue and the Broken Arrow Expressway off-ramp is a major entry way into the City of Broken Arrow. With PUD-94V, twice as much landscaping is provided along the Broken Arrow Expressway and Aspen Avenue than what is required by the Zoning Ordinance. Freestanding signs are limited in height and size. The proposed land uses are compatible with the other surrounding land uses.
According to FEMA maps, none of the property is located in a 100-year floodplain area. Water and sanitary sewer service will be provided by the City of Broken Arrow.
Attachments: Case map
Aerial photo
Comprehensive Plan Future Development Guide
PUD-94V design statement
Recommendation:
Based upon the Comprehensive Plan, the PUD submitted with BAZ-2066 and the associated limitations on permitted land uses and vehicular access, the location of the property, features (i.e. landscaping, screening, and sign controls) provided in the PUD, and the surrounding land uses, Staff recommends that PUD-94V and BAZ-2066 be approved as presented, subject to the property being platted.
Reviewed by: Jill Ferenc
Approved by: Larry R. Curtis
BDM