Broken Arrow City Council
Meeting of: 01-03-2023
Title:
title
Consideration, discussion, and possible action regarding PUD-000126-2022 (Planned Unit Development) and BAZ-000125-2022 (Rezoning), The Enclave at Southern Trails, 20.49 acres, A-1 (Agricultural) to CG (Commercial General), RM (Residential Multi-Family), CM (Community Mixed-Use) and PUD (Planned Unit Development)-000126-2022, generally located at the southeast corner of Olive Avenue (129th East Avenue) and New Orleans Street (101st Street)
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Background:
PUD-000126-2022 and BAZ-000125-2022 is an application to rezone 20.49 acres from A-1 (Agricultural) to CG (Commercial General), RM (Residential Multifamily), CM (Community Mixed Use) and PUD-000126-2022 for a proposed commercial and multifamily development. This property is generally located at the southeast corner of Olive Avenue (129th East Avenue) and New Orleans Street (101st Street). The property is presently unplatted and undeveloped.
PUD-000126-2022
The applicant proposes to develop the property as a commercial and multi-unit, cottage home community within three (3) development areas.
Development Area A: The area designated as Development Area A (7.02 acres) is proposed to be developed in accordance with the use and dimensional standards of the CG (Commercial General) zoning district except that building heights, which have no height restriction in the CG district, are restricted to 52-feet or 3 stories and the minimum lot frontage is 100 feet, reduced from 200 feet.
Development Area B: The area designated as Development Area B (1.26 acres) is proposed to be developed by the uses allowed by right in CM zoning with the exception that multi-family residential will is not allowed in this area. The PUD proposes that the dimensional standards will be based on the CG district except that building heights area restricted to 52-feet or 3 stories and the minimum lot frontage is 100 feet.
Development Area C: The area designated as Development Area C (12.20 acres) is proposed for residential multi-family with a maximum of four dwelling units attached unless designed in a rowhouse configuration. A maximum of 145 dwelling units are proposed on the 12.20 acres designated in this area.
The applicant has provided a Special Warranty Deed for the property used as the detention pond to the south. The deed outlines the intended use of the property for detention, drainage and as an amenity for the owners of the land to the north. The language of the deed states that no permanent fences, walls, barriers or obstructions shall be provided along the common boundary between the detention area and the adjoining lands owed by Perkins Development Corporation, to the north, unless by mutual agreement. Although the City of Broken Arrow does not enforce private deed restrictions, Staff has taken it into consideration as part of the review. Due to the provided agreement, the applicant is proposing that no screening fence be constructed along the southern boundary.
PUD-000126-2022 is proposed to be developed in accordance with the RM zoning requirement except as modified below. Staff has included proposed modifications to the PUD text based on feedback received from the surrounding property owners.
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RM Zoning District |
PUD Request |
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Maximum Dwelling Units |
241 |
145 |
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Building Height |
No height restriction unless abutting single-family detached residential. When abutting single-family detached residential, building shall be set back two feet for every foot in height above 35 feet. |
Two story with a 35’ maximum height |
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Building Separation |
When more than one multi-family building is constructed: i. No side, end, or rear wall of a multi-family structure shall be located within twenty feet (20’) of a side, end, or rear wall of any other multi-family structure; ii. No side, end, or rear wall of a multi-family structure shall be located within thirty feet (30’) of the front wall of any other multi-family structure; and iii. No front wall of a multi-family structure shall be located within forty feet (40’) of the front wall of any other multi-family structure. iv. No more than three (3) structures shall be located continuously on the same building line, or within thirty feet (30’) of such building line established. Buildings shall be arranged so that the fronts of the buildings are set to the front or back of each adjacent front building line by at least thirty feet (30’) or more |
Buildings shall have a minimum separation of 10 feet from all front, side and rear walls. No limit to the number of buildings located continuously on the same building line. |
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Minimum Building Setbacks |
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From Right-of-Way |
35 feet if unpaved 75 feet if paved |
35 feet if no parking 75 feet if parking |
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Boundary abutting the CG & CM districts |
35 feet if unpaved 75 feet if paved |
10 feet |
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East Boundary |
35 feet if unpaved 75 feet if paved |
15 feet |
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South Boundary |
35 feet if unpaved 75 feet if paved |
20 feet if unpaved 35 feet if paved |
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Minimum Off-Street Parking |
2 per unit |
1.5 per Single Bed Unit 2 per Two & Three Bed Unit |
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Maximum Building Coverage |
50% |
35% |
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Buffering of Adjacent Residential Zones and Uses |
No landscape buffering of adjacent residential zones/uses required (south and east boundary lines). A screening fence of 6 to 10 ft in height is required where abutting agricultural and single-family residential districts. |
A landscape buffer, 20 feet in width, will be provided along the south and east property lines with 1 medium to large evergreen tree planted for every 30 linear feet of landscaped edge and medium shrubs (6-10 feet in height full grown), minimum of 3 gallons at time of planting shall be planted at a rate of 10 per 50 lineal feet of landscaped edge. Patios may encroach on this landscape buffer up to 5 feet. A screening fence with a minimum of 6 feet in height will be provided along the eastern property line. A screening fence will not be provided along the southern boundary. |
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Street Design & Access |
Driveway on the same side of the arterial street must be separated 250’. Driveways on the opposite side to the arterial must be offset by 200’. |
The minimum required offset spacing for the eastern most drive from the drive on the opposite side of the street may be reduced from 200’ to 100’. |
This request was originally considered by the Planning Commission on September 8, 2022. At that meeting it was brought to Staff’s attention that the required sign notifying the public of the meeting was not posted on the property. As a result, this item was reconsidered by the Planning Commission on October 27, 2022.
Ten residents spoke and 41 online forms were submitted in opposition to this item. The online comment portion of the video of the September 8, 2022 Planning Commission meeting was shown to ensure that the concerns of residents who provided comments for that meeting were heard by the Planning Commission. Concerns generally included traffic, home values, safety, burden on schools, and appearance of the units.
Staff recommended that PUD-000126-2022 and BAZ-000125-2022 be approved subject to outlined changes being made to the document. After reviewing the information presented in the Staff report and by the applicant, the Planning Commission recommended approval (3-1) of PUD-000126-2022 and BAZ-000125-2022 per Staff recommendation with the added condition that the detailed site plan and elevations be brought to the Planning Commission and City Council for approval; and that the development include a mix of one- and two-story units. Planning Commission reserves the right require up to 100% masonry on any façade within the development. The changes recommended by Staff and the Planning Commission have been made by the applicant in the attached PUD Design Statement. Staff would like to note that at the time the detailed site plan and elevations are brought before the Planning Commission and City Council, notices shall be sent to the neighboring residents, notifying them of the meeting date.
On December 27, 2022, the developer and applicant held a meeting with surrounding property owners to discuss the proposed development. Approximately 30 residents attended the meeting. Items discussed included type of housing, mix of housing styles, use of masonry materials on the facades, preservation of the conservation easement to the south, screening, traffic, and number of proposed units.
Cost: $0
Funding Source: None
Requested By: Larry R. Curtis, Director of Community Development
Approved By: City Manager’s Office
Attachments: Published Planning Commission Staff report
Aerial photo
Comprehensive Plan
PUD Design Statement
Special Warranty Deed
Enclave Letter to Neighbors
Recommendation:
recommend
Approve PUD-000126-2022 and BAZ-000125-2022 per Planning Commission and Staff recommendations, which are noted in the attached PUD Design Statement.
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