Broken Arrow Planning Commission
10-08-2026
To: Chair and Commission Members
From: Community Development Department
Title:
title
Public hearing, consideration, and possible action regarding PUD-003107-2026 (Planned Unit Development), Tucson28, 38.39 acres, AG (Agricultural) to CG (Commercial General) via BAZ-002954, located at the northwest corner of the intersection of Tucson Street (121st Street) and Aspen Avenue (145th E Avenue)
End
Background:
Applicant: Michael Ledford, Cyntergy and Steve Wallman, Wallman Commercial
Owner: Tucson28 Development Partners, LLC, and Joseph Nhan Nguyen and Daisy Nguyen
Developer: Tucson28 Development Partners, LLC
Engineer: Michael Ledford, Cyntergy
Location: Northwest corner of the intersection of Tucson Street (121st Street) and Aspen Avenue (145th E Avenue)
Size of Tract 38.39 acres
Number of Lots: 2
Present Zoning: AG (Agricultural)
Proposed Zoning: CG (Commercial General)
Comp Plan: Level 6 (Regional Employment/Commercial); and FD (Greenway/Floodplain)
PUD-003107-2026 is a request for a Planned Unit Development permit for commercial development on 38.39 acres. Commercial General zoning is allowed in Level 6. The property is located at the northwest corner of Tucson Street (121st Street) and Aspen Avenue (145th E Avenue).
In their meeting of April 19, 2016, the City Council approved a rezoning (BAZ-1956) of this site from A-1 (Agricultural) to CH (Commercial Heavy), subject to the property being platted. The property was never platted, and under the previous Zoning Ordinance, platting was required before a zone change would take effect. Therefore, an ordinance has not been prepared, and the CH zoning was never codified. The applicant subsequently submitted a request to rezone the property from AG (Agricultural) to CG (Commercial General) (BAZ-002954-2026) that was approved by the City Council at their meeting of July 23, 2026.
In their meeting of October 23, 2025, the Planning Commission approved a lot split (LOT-002447-2025) request to split a 0.69-acre lot from the 33.92-acre site. Both lots are included in the recent rezoning and the current PUD requests.
In June 2026, the applicant submitted an application for a Preliminary Plat (PT-002968-2026) on this property. While staff is supportive of the site layout, most of the proposed lots do not meet the minimum lot frontage requirement for the CG district. Therefore, the applicant is requesting approval of a PUD to request that the reduced lot frontage be allowed than what is required with straight zoning. The concept for this development includes bringing buildings closer together to create a more walkable area. Should this PUD be approved, staff will schedule the preliminary plat for consideration.
The Tucson28 PUD document proposes the following development areas and uses:
• Development Area A - Restaurant and retail on out-parcels fronting on Aspen and Tucson
• Development Area B - Two large commercial buildings of approximately 20,000 square feet of restaurant and commercial retail use, as well as a small commercial lot in the southwest corner of the development area
• Development Area C - Restaurant, retail or office
• Development Area D - Restaurant, retail or hotel
While the PUD document states that the applicant is requesting that the masonry requirement for building materials be reduced to no less than 25 percent (25%), the applicant is in agreement with increasing the masonry requirement for masonry materials to seventy-five percent (75%) for public facing elevations. The PUD document indicates that fifteen percent (15%) of the site will be landscaped. Aspen Creek and the adjacent floodplain lie along the west side of the site and will be left as a natural buffer area.
The Transportation Plan of the Broken Arrow NEXT Comprehensive Plan identifies a future frontage road along the south side of the Creek Turnpike in the vicinity of this property. Other properties to the west of this site have either dedicated 80 feet of right-of-way or will be dedicating 80 feet of right-of-way to the City of Broken Arrow for the future frontage road. This project will also be required to dedicate 80 feet of right-of-way for the frontage road. The alignment of the frontage road will be determined through the platting process.
SURROUNDING LAND USES/ZONING/COMPREHENSIVE PLAN
The surrounding properties contain the following uses, along with the following development guide and zoning designations:
|
Location |
Comprehensive Plan |
Zoning |
Land Use |
|
North |
Level 6 and FD |
AG |
Creek Turnpike and vacant beyond |
|
East |
Level 6 |
CH/PUD-001818-2024 |
Aspen Avenue and commercial currently under construction |
|
South |
Levels 2 and FD |
RS-3/PUD-181 and AG |
Tucson Street, single-family residential and vacant beyond |
|
West |
Level 3 and FD |
RM/PUD-307A |
Floodplain, and multifamily residential |
SUMMARY OF DEVIATION FROM THE BROKEN ARROW ZONING ORDINANCE
|
Item |
Zoning Ordinance Requirement |
PUD-003107-2026 Request |
|
Permitted Uses |
Uses permitted by right in CG district. |
As permitted in the CG District except that marijuana retail sales is not permitted |
|
Minimum Lot Area |
None |
• Dev. A - 28,500 square feet • Dev. B - 20,500 square feet • Dev. C -100,000 square feet • Dev. D - 35,000 square feet |
|
Lot Combinations or Splits |
Permitted if resulting lots meet the minimum lot area and frontage requirements of the zoning ordinance |
Permitted as long as minimum frontage and size are met per this PUD |
|
Lot frontage |
200 feet |
• Dev. A - 130 feet, except Lot 4 Block 4 that meets the minimum CG requirements • Dev. B - 125 feet • Dev. C - 200 feet • Dev. D - 130 feet |
|
Setbacks |
Front - 50 feet (Minimum) Rear - 50 feet (Minimum) Side - None in same district - 30 feet (minimum) in a different nonresidential district - 50 feet or more depending on building height when adjacent to a residential district |
• From non-arterials - 25 ft • From arterials - 50 ft • From other boundaries - 25 ft |
|
Building Height |
No limit indicated in code |
75 feet |
|
Maximum Stories |
No limit indicated in code |
• Dev. A - 5 • Dev. B - 5 • Dev. C - 12 • Dev. D - 5 |
|
Building Materials |
• Primary - masonry, stucco, glass, concrete panels • Secondary - metal panels, EIFS, wood shingle or clapboard, masonry materials other than brick or stone |
Exterior building walls shall have a minimum masonry finish of not less than twenty-five percent (25%) excluding windows and doors. Applicant is in agreement with increasing masonry to 75% for public facing elevations. |
|
Highway Overlay District |
Buildings with frontage on the highway shall be oriented towards the highway. An equal level of quality shall be provided for buildings with multiple roadway frontages. |
While not yet addressed in the PUD document, applicant is in agreement with meeting the façade requirements for elevations facing the highway. |
|
Parking Requirements |
• Retail - 1 space/300 sf • Restaurant - 1 space/100 sf • Hotel - 1 space/room, plus 1 space/employee, plus 1 space/300 sf of meeting, restaurant or bar area • Note: Retail and restaurant require 2 bicycle parking spaces/ 1,000 sf |
As required per zoning ordinance |
|
Lighting |
Meet the General Lighting Standards of §4-4-3 where lighting is to be directed downward and not spill onto adjacent properties. |
Lighting to be arranged to shield and direct light away from adjacent residential areas and residential uses within the PUD. No light standard or building-mounted light shall exceed 20 feet in height. |
|
Screening Fence |
Screening required for HVAC equipment, whether roof- or ground-mounted and for trash enclosures (§4-3-4). Roof-mounted equipment to be screened on all four sides and must sit at or below the parapet or mechanical screen height. |
As required per zoning ordinance, except that the measure of visibility is that of a person standing at ground level. Applicant is concerned that screening on all four sides may result in equipment overheating and requests that one side remain open for circulation. |
|
Landscaping Requirements |
Front edge - 10 feet wide Parking lot - All parking spaces to be within 50 feet of a landscaped area |
Fifteen percent (15%) of net lot area |
|
Signs |
Per §7-1 of the zoning ordinance |
As required per zoning ordinance |
According to Section 6-3-4.3 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, infrastructure and land use compatibility.
In Staff’s opinion, PUD-003107-2026 satisfies items 2, 3, 4 and 5 of Section 6-3-4.3 of the Zoning Ordinance. (2) The property owner’s vision is to create a quality dining, shopping and lodging experience. The flexibility created by limiting the frontage of most lots allows buildings to be closer together promoting a more walkable environment. The Economic Development Department has been working to bring lodging to South Broken Arrow, and this development will accomplish that goal. The capture of visitors who may otherwise go to South Tulsa will be a benefit to the City of Broken Arrow. (3) Aspen Creek and the surrounding floodplain on the west side of the site serve as a natural open space buffer area. (4) The property owner and consultant have designed the site with complementary uses in a manner that provides a unified design. (5) The overall design promotes accessibility, safety, infrastructure and land use compatibility.
According to FEMA Maps, a portion of the west side of the property is located within the 100-year floodplain. Water and Sanitary Sewer are available from the City of Broken Arrow.
Attachments:
Case Map
Comprehensive Plan
Aerial
Tucson28 Plaza Design Statement
Recommendation:
Based upon the Comprehensive Plan, the location of the property, and the surrounding land uses, Staff recommends that PUD-003107-2026 be approved, subject to platting.
Reviewed by: Jane Wyrick
Approved by: Rocky Henkel
JMW