LEGISLATIVE RESEARCH CENTER
File #: 23-1242    Name:
Type: General Business Status: Agenda Ready
File created: 9/26/2023 In control: Broken Arrow City Council
On agenda: 10/3/2023 Final action:
Title: Consideration, discussion, and possible approval regarding PT20-115, conditional final plat, Estates at Lynn Lane Blocks 1 - 6, 38.28 acres, 122 Lots, R-2 to PUD-315/RS-3, located one-quarter mile north of New Orleans Street (101st Street), east of 9th Street (177th E. Avenue/Lynn Lane Road)
Attachments: 1. 1-PUBLISHED PC STAFF REPORT.08-26-2021, 2. 02-CHECKLIST - ESTATES AT LYNN LANE, 3. 03-CONDITIONAL FINAL PLAT SUBMITTED 08-02-2023, 4. 04-APPROVED PUD 315 DESIGN STATEMENT, 5. 05-GOOGLE EARTH AERIAL PHOTO, 6. 06-TRAFFIC STUDY PREPARED BY ERNEST J. PETERS, 7. 07-PUD 135 WASHINGTON LANE APPROVED DESIGN STATEMENT, 8. 08-WASHINGTON LANE II RECORDED PLAT, 9. 09-WASHINGTON LANE IV RECORDED PLAT, 10. 10-WASHINGTON LANE IV.PRELIMINARY PLAT.05-20-2005, 11. 11-WASHINGTON LANE IV.PRELIMINARY PLAT.06-24-2005, 12. 12-LETTER FROM ERIC ANDERSON.06-14-2005, 13. 13-LETTER FROM ERIC ANDERSON.06-27-2005, 14. 14-COMPREHENSIVE PLAN POLICY M15, 15. 15-CF PLAT NOTICE SENT TO SURROUNDING PROPERTY OWNERS, 16. 16-EXCERPT FROM SEPTEMBER 15, 2020, CITY COUNCIL MINUTES, 17. 17-OCTOBER 22, 2020, PLANNING COMMISSION MINUTES, 18. 18-TAC MEETING NOTES PREPARED BY THE APPLICANT, 19. 19-Army Corps of Engineers Jurisdictional Determination

Broken Arrow City Council

Meeting of: 10-03-2023

 

Title:

title

Consideration, discussion, and possible approval regarding PT20-115, conditional final plat, Estates at Lynn Lane Blocks 1 - 6, 38.28 acres, 122 Lots, R-2 to PUD-315/RS-3, located one-quarter mile north of New Orleans Street (101st Street), east of 9th Street (177th E. Avenue/Lynn Lane Road)

End

 

Background:

PT20-115, the conditional final plat for the Estates at Lynn Lane Block 1 - 6, contains 38.28 acres with 122 proposed lots.  This is the first phase of this project.  The property, which is presently zoned R-2, is located one-quarter mile north of New Orleans Street (101st Street), east of 9th Street (177th E. Avenue/Lynn Lane Road).  The preliminary plat, which showed 255 lots on 68.30 acres, was reviewed and approved by the Planning Commission on October 22, 2020, subject to the attached checklist 

 

On September 15, 2020, the City Council approved PUD-315 on the property associated with this conditional final plat.  With PUD-315, applicant requested to keep the RS-3 zoning classification approved with BAZ-1984 and add PUD-315 as an overlay.  PUD-315 was approved subject to the property being platted.  The preliminary plat, which showed 255 lots on 68.30 acres, was approved by the Planning Commission on October 22, 2020, subject to an attached checklist.

 

With PUD-315, the minimum lot width was reduced from 60 feet to 55 feet, minimum lot size was reduced from 7,000 square feet to 6,500 square feet, and on lots with no vehicular access, the building line setback was established at 20 feet.  PUD-315, however, also stipulated that at least 60% of the lots within the PUD would meet the minimum lot size, lot width, and building setback requirements of the RS-3 district.  PUD-315 also required a 10-foot wide landscape reserve area adjacent to 9th Street.

 

The primary access to the property will be from 9th Street.  There are also two streets (S. 13th Street and S. 16th Street) that stub into the property.  These stub streets are intended to be connected in accordance with Comprehensive Plan policy M15.  S. 13th Street and S. 16th Street are part of the Washington Lane addition to the north, which is part of PUD-135 and subsequent amendments.  The Concept Plan for PUD-135 showed two streets connecting to the south boundary of the property.  In addition, PUD-135 proposed to have a pedestrian trail system along the south and east boundaries of Washington Lane.  When Washington Lane II was platted, it showed a 20-foot wide Reserve Area between the south property line and S. 13th Street.  When Washington Lane IV was platted, S. 16th Street was shown to extend to the south property line. The 20-foot wide area abutting the 13th Street right-of-way was dedicated as a public street by the property owner on January 17, 2023.

 

Ninth Street is proposed to be expanded as part of the 2018 GO Bond package.  The design to widen Ninth Street is expected to be done in 2023, right-of-way acquisition occurring in 2024, and construction occurring in 2025.  When the City Council approved PUD-315, they requested that a traffic study be conducted.  A traffic study was prepared by Ernest J. Peters, a registered professional engineer, and is included with this Staff report.  This report concluded, “The maximum number of vehicles projected to turn right into the site from S. Lynn Lane Road at Gary Place is below the 100 vehicle criteria for the AM, school PM and PM peak hours.  There are no sight distance issues at the proposed new street location and capacity and LOS (level of service) results indicate this proposed new street intersect is expected to operate satisfactorily without the addition of a deceleration lane.”   City Staff noted that the traffic study showed 95 turns, only five short of the 100 right turn threshold.  In addition, Staff noted that the traffic study did not consider the new Washington Lane 8 subdivision under construction on the west of 9th Street.  Furthermore, it did not take into account the possibility of vehicles from the existing Washington Lane subdivisions turning into this new subdivision to obtain access to their property.  Consequently, it is Staff’s opinion that inclusion of the deceleration land would be a prudent decision at this time.  According to the minutes from the September 15, 2020, City Council meeting, the attorney for the applicant stated he was willing to commit to constructing a deceleration lane along 9th Street into the development.  He stated this would be done even without a traffic study if requested by City Engineering.  The Engineering and Construction Department has requested that the deceleration lane be provided. The accepted engineering plans show a decel lane on Ninth Street for right-turn movements into the Estates at Lynn Lane.

 

When PUD-315 was approved, the City Council also requested that surrounding property owners be notified when the plat moved forward.  Notices were sent on August 4, 2021, notifying surrounding property owners of the conditional final plat being reviewed by the Planning Commission on August 26, 2021.  Surrounding property owners were also notified when the preliminary plat was reviewed by the Planning Commission.

 

Water and sanitary sewer service will be provided by the City of Broken Arrow. According to the FEMA maps, a portion of the property is 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. 

 

This item was considered by the City Council on September 21, 2021, but was continued due to engineering plans being incomplete. The engineering plans were accepted by Staff with no exceptions taken on October 26, 2022.

 

A request was sent to the Army Corps of Engineers to make a determination of whether or not the property is in a jurisdictional wetland. Per the determination dated March 17, 2022, the site has 0.043 acres of jurisdictional open water, 0.039 acres of jurisdictional emergent wetland, and 3.913 acres of non-jurisdictional stock pond. The outflow structure and the overflow structure were relocated outside the areas designated as jurisdictional wetlands therefore, a 404 permit from the Corps of Engineers was determined not be required.

 

Maintenance of the proposed stormwater detention facility in Reserve C is the responsibility of the property owner. The responsible party for the facility, criteria for maintenance, and language pertaining to failure to maintain the property are addressed in Section II of the covenants of the plat.

 

This conditional final plat was placed on the September 19, 2023 agenda however, staff found that when PUD-315 was approved, the City Council also requested that surrounding property owners be notified when the plat moved forward.  This item was continued at the September 19th meeting so that Staff could properly notice the item. Notices were sent on September 19, 2023, notifying surrounding property owners of the conditional final plat being reviewed by the City Council on October 3, 2023.  

 

Cost:                                                                $0

Funding Source:                     None

Requested By:                      Kevin Maevers, Community Development Director

Approved By:                      City Manager’s Office

Attachments:                                          Published Planning Commission staff report.08-26-2021
                                    Checklist
                                    Conditional final plat submitted 08-02-2023
                                    Approved PUD-315 design statement
                                    Google Earth Aerial Photo
                                    Traffic study prepared by Ernest J. Peters
                                    PUD-135 Washington Lane approved design statement
                                    Washington Lane II recorded plat
                                    Washington Lane IV recorded plat
                                    Washington Lane IV preliminary plat.05-20-2005
                                    Washington Lane IV preliminary plat.06-24-2005
                                     Letter from Eric Anderson.06-14-2005
                                     Letter from Eric Anderson.06-27-2005
                                     Comprehensive Plan Policy M15
                                     Conditional final plat notice sent to surrounding property owners
                                     Excerpt from September 15, 2020, City Council minutes pertaining to PUD-315
                                      Excerpt from October 22, 2020, Planning Commission meeting
                                      TAC meeting notes prepared by the applicant
                                      Army Corps of Engineers Jurisdictional Determination

Recommendation:

recommend

Approve PT20-115, the conditional final plat for the Estates at Lynn Lane as per Planning Commission and Staff recommendation.

end