Broken Arrow Planning Commission
06-09-2022
To: Chairman and Commission Members
From: Development Services Department
Title:
title
Public hearing, consideration, and possible action regarding BAZ-2111 (Rezoning) and PUD-126F (Planned Unit Development), Tucson Business Park, 2.38 acres, PUD-126/CG (Commercial General) to PUD-126F/CG (Commercial General) & IL (Industrial Light), located one-quarter mile west of Elm Place (161st E. Avenue), north of Tucson Street (121st Street)
End
Background:
Applicant: Ryan McCarty, Select Design
Owner: Valued Partner Investments, LLC
Developer: Valued Partner Investments, LLC
Engineer: N/A
Location: One-quarter mile west of Elm Place (161st E. Avenue), north of Tucson Street (121st Street)
Size of Tract 2.38 acres
Present Zoning: PUD-126/CG
Proposed Zoning: PUD-126F/CG & IL
Comp Plan: Level 6
Planned Unit Development (PUD)-126F and BAZ-2111 involve a 2.38-acre parcel located one-quarter mile west of Elm Place (161st E. Avenue), north of Tucson Street (121st Street). Applicant is requesting to change the underlying zoning on the property from CG (Commercial General) to CG & IL (Industrial Light), along with a major amendment to PUD-126 to allow office warehouse, warehouse, and mini storage uses on this property. PUD-126 was approved by the City Council on February 19, 2001. The property is undeveloped and has been platted as a part of Lot 1, Block 1, Waterloo Way.
With this major amendment, the applicant proposes two development areas to allow both Commercial General and Industrial Light uses on the property. Any use allowed by the PUD my be located in either development area. Allowed uses from Development Area B may be permitted up to 100% of the total land area. Uses from Development Area A may comprise a maximum of 33% of the total land area.
Permitted uses from the Industrial Light district are restricted to office/warehouse, warehouse, and mini storage. Permitted uses from the CG district are specifically limited to the following: Broadcasting or Recording Studio (no tower); Transmitting Station (no tower); Utility Facility - Minor; Animal Pet shop - Retail; Catering Service; Micro-food & Beverage Production with Specific Use Permit; Office, Business or Professional; Fitness & Recreational Sports Center; General Indoor Recreation; Dry Cleaning & Laundry Service; Vehicle Repair Service - Minor.
Additional changes to PUD-126 are described below.
|
|
C-2 (Now CG) Zoning |
PUD-126 |
PUD-126F |
|
Maximum Building Height |
35-feet |
40-feet |
25-feet for Development Areas A & B |
|
Parking Requirements |
two (2) square feet of open space, dedicated to parking and automobile maneuvering must be provided for each one (1) square foot of floor space in the C-2 district |
As required by the zoning ordinance. |
As required by the current zoning ordinance except in the IL district where parking is reduced to 1 per 600 square feet for office and office warehouse |
|
Landscaping |
Landscaping and open areas within the C-2 district, a minimum five (5) percent of the net area of each lot shall be reserved and maintained for landscaping. This landscaping area should not include any utility or drainage easements, nor any parking or driving areas. |
• A landscape edge shall be provided for Lot 1 and Lot 2 with minimum depth as shown in Exhibit C (None shown for the area affected by the PUD-126F amendment) Within the landscaped edge, one 2” caliper tree shall be planted for 50 lineal feet of frontage, and 10 three- gallon shrubs shall be planted for every 50 lineal feet of frontage. • For Lot 1 and Lot 2, one 2” caliper tree shall be planted for every 15 parking spaces. These trees shall be located within the perimeter landscape areas for Lot 1 and Lot 2. |
A 30-foot-wide landscape area shall be provided along the west property line. In this landscape area, at least one medium to large evergreen tree shall be installed and per 25 lineal feet along the west property line. Irrigation shall be provided by either an underground sprinkler system or drip irrigation system. Any trees that fail shall be replaced within 6 months. No landscaping is required for on-site parking. |
|
Signage |
• 150-square feet of display area. • 35-feet in height • No more than one each permanent ground sign, mobile sign, or one projecting sign, or one roof sign, or one wall sign, may be placed on an improved lot per each 660 feet or fraction thereof of street and highway frontage of the lot; |
A business located on Lot 1 shall have a maximum of two free standing signs as follows: (1) setback from centerline of frontage road a minimum of 90 feet; 25’ maximum height; 165 sq. ft. maximum size. (2) setback from centerline of Elm Place a minimum of 120 feet; 25’ maximum height’ 150 sq. ft. maximum size; minimum 50’ setback from centerline of frontage road. Lot 1 free standing signs shall have two-column support of uniform color and/or design. |
Per Section 5.7 of the City of Broken Arrow Zoning Ordinance, except that only one freestanding sign is allowed. The freestanding sign shall not exceed 20 feet in height and 150 square feet in size. The freestanding sign shall be located on the property associated with PUD-126F. |
|
Building Material |
All new construction or renovation of existing structures in this district shall have those vertical exteriors that are facing a public or private street, constructed of but not limited to, masonry concrete panels, glass block, glass curtain walls, Exterior Insulated Finished Systems and stucco. Metal finishes, wood, plastic, And other masonry material may be considered and approved by the Planning Commission through the site plan review process. |
Per the zoning ordinance. |
EXTERIOR WALLS: The south facing façade of Building #1 and east and west facing facades of Buildings #1, #2 and #3, shall be concrete panel (refer to Exhibit F - Conceptual Building Elevations) |
|
Access |
No principal building or a residence shall be constructed on a lot that does not abut a public street, except in a PUD or other development in which a property owner's or homeowner's corporation is chartered with responsibility for maintenance and other concerns related to private access ways. |
This property has no direct access to a public street. Mutual access easements will be required prior to the approval of the site plan. |
Access to the site shall be from a private drive that connects with Tucson Street. The document number for the mutual access easement associated with this drive shall be shown on the site plan. All private driveway and/or street connections shall be subject to the City Engineer curb cut permit approval for the proposed access points and the Fire Marshal’s approval of locations, spacing, widths, and curb return radii. |
PUD-126 HISTORY
PUD-126 was approved by the City Council on February 19, 2001, subject to the property being platted. The property was platted as Waterloo Way with the plat being recorded in Tulsa County on August 15, 2002. According to the design statement for PUD-126, “The concept for the Planned Unit Development of Waterloo Way is to provide for a shopping center with two anchor stores (a Wal-Mart Supercenter as one of the anchors) and outparcels for franchise commercial development.” The uses permitted were limited to those allowed in the C-2 (Planned Shopping Center District). In 2008, the Zoning Ordinance was updated, and the C-2 district became CG (Commercial General).
PUD-126A, a major amendment to PUD-126, was approved by the City Council on March 7, 2005. With PUD-126A, the development regulations of PUD 126 remained in effect as approved by the City Council, except that on Lot 3, Block 1 of Waterloo Way, an automobile carwash (both full service and self-service) was allowed.
PUD-126B, a request for a minor amendment to PUD-126 regarding freestanding signs was approved by the Planning Commission on November 29, 2007, subject to the following conditions:
1. As per the existing Wal-Mart sign, the proposed sign shall be limited to 25 feet in height.
2. The proposed sign shall be located more than 90 feet from the existing Wal-Mart sign. Location of sign shall be reviewed and approved by the Development Services Department.
3. Any other free-standing signs on Lot 3 shall be limited to 14 feet in height and 100 square feet.
4. All the other conditional associated with PUD 126 shall remain in effect.
PUD-126C, a request for a major amendment to PUD-126 to allow a medical marijuana dispensary as a permitted use on a part of Lot 2, Block 1, Waterloo Way, was reviewed and denied by the City Council on January 21, 2020. Later, PUD-126D, which was similar to PUD-126C, except PUD-126D stated, “If the Out Parcel does not have a building permit issued within thirty-six (36) months from the date of approval of this Major Amendment, the additional principal use of Medical Marijuana Dispensary and accessory uses thereto, as provided for herein, shall expire and shall no longer be permitted within PUD 126.” PUD-126D was conditionally approved by the City Council on June 2, 2020.
PUD-126E was a major amendment to reduce the width of the landscape edge along W. Quanah Place from 15-feet to 9-feet. The applicant proposed to completely clear the site, including the removal of the existing gas tanks, and construct a new building and canopy and install new underground gasoline tanks. PUD-126E was approved by the City Council on December 1, 2020, subject to the following conditions:
(1) All existing landscaping along Elm Place shall be preserved and maintained. A landscape plan shall be prepared and submitted by a licensed landscape architect that shows how the existing landscaping is going to be preserved and protected during construction.
(2) The width of the landscape edge along W. Quanah Place may be reduced from 15 feet to 9 feet. Existing trees and shrubs adjacent to W. Quanah Place may be removed. However, the revised landscape plan for the trees and shrubs along W. Quanah Place shall match the landscape plan approved by the Planning Commission on October 25, 2001.
(3) The licensed landscape architect shall verify and note the size of all trees along W. Quanah Place prior to their removal. Any trees found to be four-inches in caliper or larger shall be replaced as acknowledged in Section 5.2.C.4.b of the Zoning Ordinance.
(4) The proposed quantity of landscape material shall exceed the quantity in the landscape plan approved by the Planning Commission on October 25, 2001.
(5) Any landscape material that fails, shall be replaced in accordance with the Zoning Ordinance.
SURROUNDING LAND USES/ZONING/COMPREHENSIVE PLAN
The surrounding properties contain the following uses, along with the following development guide and zoning designations:
|
Location |
Development Guide |
Zoning |
Land Use |
|
North |
Level 6 |
PUD-126/CG |
Walmart |
|
East |
Level 6 |
PUD-126/CG |
Shopping Center |
|
South |
Levels 6 |
PUD-126/CG |
Reserve Area |
|
West |
Levels 3 |
RM/PUD-220B |
Apartments |
The property associated with PUD-126F is designated as Level 6 in the Comprehensive Plan. The existing underlying zoning of CG, is in accordance with the Comprehensive Plan in Level 6. The requested IL zoning is considered possible in Level 6 under the following conditions. It is Staff’s opinion that these conditions are met by this development.
• Done in association with a Planned Unit Development: This property is part of an approved PUD.
• Such sites adjoin the BA Expressway, Muskogee Turnpike, Highway 51, or Creek Turnpike or existing industrial parks. This site is part of a larger commercial development which abuts the Creek Turnpike.
• Such sites are reached by arterial street that do not pass through residential areas. This site will be accessible from a private drive directly from the arterial street and does not have a connection to residential areas.
• Such sites with high visibility from roadways have the appearance of a quality corporate campus of business park. This development is visible from the arterial roadway to the south. The street facing facades are proposed to be constructed of masonry material and no outdoor storage is allowed.
• Such sites that may adjoin residential area are thoroughly screened and buffered from such areas by landscaping and/or less intense land uses. This site is adjacent to a multi-family development. A 30-foot-wide landscape area shall be provided along the west property line. In this landscape area, at least one medium to large evergreen tree shall be installed and per 25 lineal feet along the west property line. Irrigation shall be provided by either an underground sprinkler system or drip irrigation system. Any trees that fail shall be replaced within 6 months. No landscaping is required for on-site parking.
According to Section 6.4 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, infra structure and land use compatibility.
In Staff’s opinion, PUD-126F meets Item 1 of the above criteria.
(1) The use of this property for office/warehouse, warehouse, and mini storage utilizes a property that has no direct street access and does not have commercial frontage conducive to a traditional retail setting. The landscape provisions proposed and the enhanced façade required with the major amendment preserve the character of the area.
According to FEMA maps, none of the property is located in a 100-year floodplain area.
Attachments: Case map
Aerial photo
Comp Plan
Design Statement for PUD-126F
Recorded Plat of Waterloo Way
Recommendation:
Based on the Comprehensive Plan, location of the property and surrounding land uses, Staff recommends that BAZ-2111 and PUD-126F be approved and that platting be waived.
Reviewed and Approved by: Jill Ferenc
Approved by: Larry R. Curtis
ALY