Broken Arrow Planning Commission
03-14-2019
To: Chairman and Commission Members
From: Development Services Department
Title:
title
Public hearing, consideration, and possible action regarding PUD-135J (Planned Unit Development), a request for a minor amendment to PUD-135, Washington Lane VIII, 32.74 acres, R-2 to R-2/PUD-135J, one-half mile south of Washington Street, west of 9th Street
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Background:
Applicant: Kim Jackson, Olsson Associates
Owner: Armory, LLC
Developer: Armory, LLC
Engineer: Olsson Associates
Location: One-half mile south of Washington Street, west of 9th Street
Size of Tract 32.74
Number of Lots: 1 (95 proposed)
Present Zoning: R-2
Proposed Zoning: R-2/PUD-135J
Comp Plan: Level 2
Planned Unit Development (PUD) 135J involves 32.74 acres of undeveloped and unplatted property located one-half mile south of Washington Street, west of 9th Street. BAZ-1580, a request to change the zoning on this property form A-1 to R-2, along with PUD-135, were reviewed and approved by the City Council on December 2, 2002, as part of the Washington Lane residential PUD. BAZ-1580 and PUD-135 were approved subject to the property being platted.
With Washington Lane VIII, applicant is requesting a minor amendment to PUD-135 to modify the front building setback lines on corner lots and to modify the lot frontage requirements on pie shaped lots. A preliminary plat for Washington Lane VIII has been submitted in conjunction with this PUD request.
The property associated with PUD-135J is located in an area that was designated as Development Area A of PUD-135. PUD 135 stated that Development Area A would be developed in accordance with use and development regulations the R-2 district. In the R-2 district that was in effect at the time PUD 135 was approved, the front building setback along all street frontages was 25 feet. With PUD 135J, applicant is requesting that the front yard setback on corner lots be reduced to 15 feet along the right-of-way that has no vehicular access. The jog in the front yard setback between two lots, however, shall not exceed five feet. This is the same requirements permitted in the RS-3 district.
The other change being with PUD-135J is on pie-shapes. On these types of lots, applicant is requesting that the minimum lot frontage at the right-of-way line be 30 feet with a minimum lot width of at least 45 feet at the building setback line. This is the same that occurs in Washington Lane VII.
The property is designated as Level 2 in the Comprehensive Plan. The R-2 zoning that was approved with BAZ-1580 and is still reflected with PUD-135J is considered to be in accordance with Comprehensive Plan in Level 2.
History of PUD-135
From its approval by City Council on December 2, 2002, PUD-135 has had a substantial number of amendments, seven of which were approved and two that were denied.
PUD-135A, a major amendment to PUD-135, was approved by the City Council on April 7, 2003. With PUD-135A, applicant requested the following modifications to Development Area B:
• Side yard requirements for single-family detached homes that are not considered to be a cluster home shall be10 feet on one side and 5 feet on the other.
• Rear yards can be 20% of the lot depth or 20 feet.
• For corner lots, the front building line setback can be reduced from 25 feet to 15 feet when the associated street frontage contains a limit of no access. The 15-foot building line setback does not apply if the lot is on a collector street and is within 200 feet of an arterial street.
• For cluster homes having a minimum lot size of at least 5,400 square feet and lot frontage of at least 50 feet, access may be by a public or private street.
• For cluster homes that share a common rear yard, the building line setback is 20 feet.
On May 27, 2004, applicant submitted PUD-135B, a request for a minor amendment to allow the fence along the collector street to be approved by the Architectural Committee of the subdivision, rather than the Planning Commission. PUD-135B was approved by the Planning Commission as requested by the applicant.
On June 24, 2004, applicant submitted PUD-135C, a request for a minor amendment to allow the side yards to be reduced from 10 feet on one side and 5 feet on the other side, to 5 feet on both sides. This request was applicable to all areas except for the first phase of development “Washington Lane”. PUD-135C was approved by the Planning Commission as presented by the applicant.
On January 27, 2005, the Planning Commission reviewed PUD-135D, a request for a minor amendment to reduce the building line setback from 15 feet to 13.4 feet, on Lot 14, Block 3, Washington Lane. The minor amendment application for PUD-135D was initiated when inspections red flagged the site due to the slab for the single family structure being poured over the building line and utility easement. The Planning Commission approved PUD-135D, as presented by the applicant.
On September 22, 2005, the Planning Commission reviewed PUD-135E, a request to reduce the side yard building line in Washington Lane (which was the platted area excluded from PUD-135C) from 10 feet on one side to 5 feet on the other to 5 feet on both on undeveloped Lots 4,7,13,14,17,26, and 27 of Block 1; Lots 4, 6, 8, 9, 10, and 11 of Block 2; and Lots 8 and 9 of Block 3 within the 19.14 acres that had been platted as Washington Lane. All of these lots were, at the time of the application, under the ownership of Armory LLC. The Planning Commission denied PUD-135E. Applicant submitted an appeal to the City Council regarding the Planning Commission’s denial. This appeal was heard by the Broken Arrow City Council on November 7, 2005 and subsequently denied.
With minor amendment PUD-135F, applicant requested the following modifications to undeveloped areas of Development Area A of PUD-135:
• Front set backs on corner lots where there is no vehicular access, be reduced from 25 feet to 15 feet (corner lots adjacent to an arterial street and corner lots on collector streets within 200 feet of an arterial street will be excluded).
• The language in PUD 135 be changed so that rear yards in Development Area A will be a minimum of 20 feet or 20% of the lot depth, whichever is less.
The Planning Commission in their meeting of October 27, 2005 denied PUD-135F. Applicant submitted an appeal to the City Council regarding the Planning Commission’s denial. This appeal was heard by the Broken Arrow City Council on December 5, 2005 and subsequently denied.
PUD-135G, was a request for a minor amendment to PUD-135A to reduce the side yard setback requirement on the north side of Lot 7, Block 4 of Washington Lane II from five feet to four feet. No survey information was submitted by the applicant regarding the distance the building encroached into the side yard setback requirement. In addition, no information was submitted by the applicant regarding how the structure came to be constructed over the building setback line on a rectangular shaped lot. The Planning Commission in their meeting of December 8, 2005 approved PUD-135G with the conditions that a survey showing the encroachment be provided, as well as an explanation for how the encroachment occurred.
On November 5, 2009, the applicant requested, with PUD-135H, that the building setback line on the west side of Lot 8, Block 1, Washington Lane V be reduced from 5.0 feet to 3.9 feet. A survey of the property as the structure was being completed revealed that the northwest corner of the structure had encroached 1.1 feet into the building setback requirement. Construction on the residential structure had been completed at the time the encroachment was discovered. The Planning Commission approved PUD-135H as presented.
On August 24, 2017, the Planning Commission approved a minor amendment request to reduce building setback lines to 25 feet on wedge shaped lots with no minimum requirements on the width of the lot. In addition, a requirement for a sidewalk easement in Reserve A on the Washington Lane VII plat was removed.
Attachments: Case map
Aerial photo
Comprehensive Plan
PUD 135J design statement
Excerpts from PUD-135
Recommendation:
Based on the Comprehensive Plan, the location of the property, and the surrounding land uses, Staff recommends that PUD-135J, a request for a minor amendment to PUD-135, be approved as presented, subject to the property being platted.
Reviewed by: Larry Curtis
Approved by: Michael Skates
BDM