LEGISLATIVE RESEARCH CENTER
File #: 23-1267    Name:
Type: Presentations Status: Agenda Ready
File created: 9/29/2023 In control: Broken Arrow City Council
On agenda: 10/3/2023 Final action:
Title: Consideration, discussion, and possible appeal of Planning Commission denial of PUD-000956-2023 (Planned Unit Development), Cypress Business Park, approximately 0.28 acres, CG (Commercial General)/PUD-3 to CG (Commercial General)/PUD-000956-2023, one-eighth mile northwest of the northwest corner of New Orleans Street (101st Street) and Elm Place (161st E. Avenue)
Attachments: 1. 1. Published Staff Report, 2. 2-Case Map, 3. 3-Aerial Map, 4. 4-Comprehensive Plan, 5. 5-PUD-000956-2023, 6. 6-Conceptual Site Plan, 7. 7-Rationale for Cypress Business Park PUD-rev1

Broken Arrow City Council

Meeting of: 10-03-2023

 

Title:

title

Consideration, discussion, and possible appeal of Planning Commission denial of PUD-000956-2023 (Planned Unit Development), Cypress Business Park, approximately 0.28 acres, CG (Commercial General)/PUD-3 to CG (Commercial General)/PUD-000956-2023, one-eighth mile northwest of the northwest corner of New Orleans Street (101st Street) and Elm Place (161st E. Avenue)

End

 

Background:

The property associated with Cypress Business Park is an undeveloped tract of land located approximately one-eighth mile northwest of the northwest corner of New Orleans Street (101st Street) and Elm Place (161st E. Avenue). The property is platted as Lot 4 and the West 75’ of Lot 5, Block One of Vandever Acres Office Park and zoned CG (Commercial General), along with PUD-3. PUD-03 indicates all eight lots in Vandever Acres were originally intended to be developed as a medical office park when it was platted in 1977. However, under current 2023 conditions, the surrounding area has changed, and the area has gravitated from Medical to Commercial General uses.

 

The Owner/Developer of the subject tract proposes to abrogate PUD-03 and requests a new PUD to permit light manufacturing of glass products only (windows/doors) in an enclosed building on a portion of the subject tract, while the remainder will be for other uses permitted in the CG zone: office and commercial uses.

 

While the CG district does not support light manufacturing uses, the New Orleans Square Overlay District abutting the south property line permits a Makerspace use, which allows the small-scale activities requested by the Owner/Developer. The developer has confirmed that the intended operations of the light industrial space will fall within the Makerspace definition stated below. In addition, per the same requirements of the abutting UG (Urban General) district of the New Orleans Square Overlay District, the Makerspace use is restricted to a maximum of 5,000 square feet.

 

 

PUD-000956-2023 also contains requests for the following deviations from the CG (Commercial General) zoning regulations.

 

Minimum Lot Frontage:                                          None

 

Access and Circulation:

Access to this site shall be through the following:

                     Two established mutual access easements from the property to the east

                     Two established mutual access easements from the north.

                     One possible mutual access easement from the south.

 

Parking:                     

As required by the Zoning Ordinance.

                     In addition, parking spaces constructed which are more than the required parking may be used for business vehicle parking.

 

Signage:                     

One off-premise sign shall be permitted on Elm Place subject to the following conditions:

                     A site plan be approved by the Community Development Division;

                     A license agreement or other relevant document being provided showing that the induvial property owners are in agreement with the location of the sign on their property;

                     This sign, since it is proposed to be located within New Orleans Square Overlay, shall be required to meet the size and height regulations of the overlay district;

 

All other signage within the development shall meet the requirements of the CG zoning district.

 

PUD-000956-2023 was considered by Planning Commission on September 14, 2023. Planning voted to deny this application (2-1 vote) due to concerns regarding the manufacturing use proposed. Two residents spoke in opposition to the proposed development. Their concerns included the manufacturing use, traffic/parking, pedestrian safety, and possible violation of private plat covenants. This item is an appeal of the denial by Planning Commission.

 

Cost:                                                                $0

Funding Source:                     -

Requested By:                      Kevin Maevers, Community Development Director

Approved By:                      City Manager’s Office

Attachments:                                          
Planning Commission Staff Report  
Aerial photo
Comprehensive Plan
PUD-000956-2023 Design Statement
Conceptual Site Plan
Rationale for PUD provided by the applicant

Recommendation:

recommend

Staff recommends that PUD-000956-2023 be approved, and platting be waived. PUD-3 shall also be abrogated.

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