Broken Arrow City Council
Meeting of: 10-03-2017
To: Mayor and City Council Members
From: Development Services Department
Title:
title
Consideration, and possible approval of BAZ-1984 (rezoning), Estates at Lynn Lane, 68.00 acres, R-2 to RS-3, and abrogation of BAZ-1786, one-quarter to one-half mile north of New Orleans Street, east of 9th Street
End
Background:
BAZ-1984 is a request to rezone 68.00 acres from R-2 (Single-Family Residential) to RS-3 (Single-Family Residential). This undeveloped and unplatted property is located one-quarter to one-half mile north of New Orleans, east of 9th Street. The property was annexed into the City on April 18, 1983 (Ordinance No. 1097). Applicant proposes to construct a single-family detached residential subdivision on the property.
Since this property was annexed in 1983, there have been three rezoning requests (BAZ-901, BAZ-961, and BAZ-1786), a PUD request (PUD 38), and a decree by District Court (Case No. C-83-3081). On April 12, 1983, an application (BAZ-901) was made to change the zoning on the property associated with BAZ-1984 from A-1 to R-3. The Planning Commission reviewed this application on May 12, 1983, and recommended denial of R-3 zoning, but recommended approval of R-2 zoning. On May 16, 1983, the City Council further modified the request and approved R-1 zoning designation only. Ordinance 1105, which changed the zoning on the property from A-1 to R-1, was approved by the City Council on June 6, 1983.
On July 14, 1983, a Planned Unit Development (PUD-38), Silver Ridge Park, was submitted to accommodate approximately 202 single-family units and a 13.30-acre open space for the area associated with BAZ-901. With PUD 38, the underlying zoning was requested to be R-1. The Planning Commission recommended approval of PUD 38 with several conditions; however, the City Council denied this request in their meeting of July 18, 1983. The applicant appealed this decision, but on September 6, 1983, the City Council denied the appeal.
On February 27, 1984, an application (BAZ-961) was filed to change the zoning on the property from R-1 to R-2. This rezoning request was reviewed and denied by the Planning Commission on March 22, 1984.
In the Staff report for BAZ-961, it was noted that a law suit had been filed against the City of Broken Arrow regarding the denial of R-2 zoning and PUD 38. The hearing was scheduled to occur on April 12, 1984.
In District Court, it is was ruled with Case No. C-83-3081 that the zoning on the property should be R-2. On July 16, 1984, the City Council approved Ordinance 1257 to change the zoning on the property from R-1 to R-2.
In 2006, a preliminary plat, The Estates at Lynn Lane, was submitted to and approved by the Planning Commission, subject to an attached checklist. The preliminary plat was for the western 39.81 acres of the property.
On October 8, 2007, an application (BAZ-1786) was made to change the zoning on the property from R-2 to RS-2. This application was approved by the City Council on December 3, 2007, subject to the property being platted. The property has not been platted. As a result, the zoning remains R-2.
According to the FEMA maps, a portion of the subject property is located in the 100-year floodplain of the West Branch of Broken Arrow Creek. There is a pond and a drainage channel that passes through the southwest corner of the property.
The Planning Commission, in their meeting of September 14, 2017, concurred with Staff and recommended approval (3-0 vote) of BAZ-1984, subject to the property being platted. In addition, the Planning Commission recommended, as suggested by Staff, that BAZ-1786 that was previously approved on this property be abrogated. Seven people spoke and expressed the following concerns with the rezoning request:
• What type of fence will be constructed along the south boundary? (Note: The City of Broken Arrow does not have any fence requirements on the interior of subdivisions. The applicant acknowledged that the fences will probably be 6-foot high wood stockade fences installed by the property owners of each lot.)
• Will the exterior of the houses being built on the property be all brick? (Note: The City of Broken Arrow does not have any requirements and no information has been provided by the applicant.)
• Walking trail in Washington Lane abuts this property. (Note: This is a private trail installed by the developer of Washington Lane as part of PUD 135.)
• Impacts from storm water runoff. (Note: Impacts from storm water runoff will be addressed as part of the platting process.)
• Additional traffic on 9th Street. (Note: There will be additional traffic on 9th, which occurs as part of any new development. A traffic impact analysis will be performed per Code.)
• Stub streets being opened, especially 96th Street. (Note: The stub streets were put into the abutting subdivisions with the intent of being connected sometime in the future. Connectivity is needed between neighborhoods for emergency access, sanitation collection, and school buses.)
• Adequacy of dam on existing pond. (Note: The adequacy of the dam on the existing pond will be examined as part of the platting process.)
Cost: $0
Prepared By: Brent Murphy, Senior Planner
Reviewed By: Development Services Department
Assistant City Manager, Operations
Legal Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Planning Commission Fact Sheet
Case map
Aerial photo
Comprehensive Plan
Ordinance 1257
Preliminary plat for Estates at Lynn Lane (2006)
Conceptual plat (2017)
Recommendation:
Approve BAZ-1984, Estates at Lynn Lane, 68.00 acres, R-2 to RS-3, and abrogate BAZ-1786, one-quarter to one-half mile north of New Orleans Street, east of 9th Street as recommended by Planning Commission and Staff.
LRC:BDM