Broken Arrow Planning Commission
10-22-2020
To: Chairman and Commission Members
From: Development Services Department
Title:
title
Public hearing, consideration, and possible action regarding PUD-94W (Planned Unit Development Amendment) and BAZ-2067 (Rezoning), Honey Springs at Battle Creek, 75.276 acres, PUD-94Q/A-CG (Annexed-Commercial General), A-RD (Annexed-Residential Duplex) and A-R-3 (Annexed-Single-family Residential) to PUD-94W/CG, RD and RS-3 (Single-family Residential), southeast corner of Aspen Avenue (145th E. Avenue) and Dearborn Street (41st Street)
End
Background:
Applicant: Tim Terral, TEP
Owner: BC Land Holding Company, LLC
Developer: BC Land Holding Company, LLC
Engineer: Tulsa Engineering and Planning Associates
Location: Southeast corner of Aspen Avenue (145th E. Avenue) and Dearborn Street (41st Street)
Size of Tract 75.276 acres
Present Zoning: PUD-94Q/A-CG, A-RD and A-R-3
Proposed Zoning: PUD-94W/CG, RD and RS-3
Comp Plan: Level 2, 3 and 4
Planned Unit Development (PUD)-94W involves a 75.276-acre parcel located at the southeast corner of Aspen Avenue (145th E. Avenue) and Dearborn Street (41st Street). Applicant is requesting a major amendment to PUD-94/PUD-94Q and is requesting that the underlying zoning be changed (BAZ-2067) from A-CG (Annexed-Commercial General), A-RD (Annexed-Residential Duplex) and A-R-3 (Annexed-Single-family Residential) to CG (Commercial General), RD (Residential Duplex) and RS-3 (Single-family Residential).
PUD-94 BACKGROUND
On June 20, 1994, the City Council approved Ordinance No. 1862 to annex a tract of land (a 479-acre area of Section 27, T19N, R14E) into the corporate limits of the City of Broken Arrow with assigned “Annexed” zoning of AC-2, AR-4 and AR-3 (now converted to A-CG, A-RD and A-R-3). The 786.5-acre Battle Creek planned unit development (PUD-94) was approved by the City Council on November 16, 1995. Also approved on this date was BAZ-1236 to rezone property within the northern portion of the Battle Creek PUD (that had been annexed from the City of Tulsa) to designations that were in accordance with the Zoning Ordinance, subject to platting. For this project site, it rezoned the property from A-R3 (Annexed-Single-family Residential-3), AR-4 (Annexed-Two-family Residential) and AC-2 (Annexed-Planned Shopping Center) to R-3, R-4 and C-2, subject to platting. With the 2008 Zoning Ordinance update, these zoning designations have been converted to R-3 (Single-family Residential-3), RD (Residential Duplex), and CG (Commercial General). Some portions of north Battle Creek have been platted but the northernmost property that is the subject of this rezoning and PUD amendment has not yet been platted. When this property is platted, the zoning designations approved with BAZ-1236 will be codified. However, the boundaries for each use area are being changed with this PUD amendment and rezoning.
On January 5, 2010, the City Council approved BACP-105, an appeal of the Planning Commission action regarding a request to amend the Comprehensive Plan land use designation for 95.89 acres within PUD-94. The request involved two separate areas including 75.33 acres at the southeast corner of Aspen Avenue and Dearborn Street and 20.56 acres located north of the Broken Arrow Expressway, east of Aspen Avenue. The amendment reallocated the areas of Levels 2, 3 and 4 in the area southeast of Aspen Avenue and Dearborn Street as noted above, and it converted 11.38 acres of Level 6 (Regional Employment/Commercial) and 9.18 acres of Public Recreation to 20.56 acres of Level 3 (Transition Area). A condition of this approval required an amendment to PUD-94. On September 24, 2020, the Planning Commission recommended approval (5-0 vote) of BACP-170 to change the Comprehensive Plan land use designations for this area by increasing the amount of Level 2 and Level 3 and decreasing the amount of Level 4 (Commercial/Employment Nodes). This Comprehensive Plan amendment is scheduled for the October 20, 2020 City Council meeting.
As a part of the approval of PUD-94, density limits were established for different types of housing within the development. PUD-94 allows for translocation of densities and land use areas within the project boundaries provided that the general concept and character of the PUD are not altered and the density of each tract is not increased by more than 25 percent if that density is available from other parcels (see page 35 of PUD-94). On June 7, 2010, the City Council approved PUD-94Q, a major amendment to decrease the commercial area on this site from 23.3 acres to 9.99 acres and the area that had previously been designated for villas (apartments) from 23.6 acres to 5.83 acres and amended the use of this area for patio homes. The higher density villas use was transferred to the property to the north of the Broken Arrow Expressway, east of Aspen Avenue. This amendment also increased the area for executive home sites from 28.43 acres to 59.51 acres. The approval was subject to the property being platted and in accordance with Supplemental Development Standards. With this approval, the density for the property at Aspen Avenue and Dearborn Street was decreased.
BAZ-2067 and PUD-94W PROPOSAL
BAZ-2067 modifies the areas zoned for commercial use, patio homes and single-family executive home sites in a manner that preserves the creeks and ponds with commercial and patio home areas designated along Dearborn Street and single-family on the south and east portion of the site. The creeks and ponds are proposed to be in a reserve area.
|
Existing Zoning District |
Proposed Zoning District |
Existing Acreage |
Proposed Acreage |
|
A-CG (Annexed-Commercial General) |
CG (Commercial General) |
9.99 |
4.50 |
|
A-RD (Annexed-Residential Duplex) |
RD (Residential Duplex) 44 Patio Homes |
5.83 |
8.61 |
|
A-R-3 (Annexed-Residential, Single-family) |
RS-3 (Residential, Single-family) 175 Single-family Homes |
59.53 |
62.17 |
With PUD-94W, applicant proposes to amend the use areas to reflect the sensitive features on the site and modify the development standards to allow for reduced lot frontage. While some lots are proposed to have 60 feet of frontage, 55 percent of lots will meet the RS-3 dimensional standards. To preserve the existing jurisdictional wetlands and ponds, approximately 14.75 acres is being preserved in reserves as open space. In addition to standard sidewalks, pedestrian connectivity is proposed to the open space areas.
A summary comparison between what is required by the Zoning Ordinance and what is being proposed with PUD-94W is provided below.
SUMMARY OF DEVIATION FROM THE BROKEN ARROW ZONING ORDINANCE FOR COMMERCIAL (TRACT A)
|
Item |
Broken Arrow Zoning Ordinance |
PUD-94W Request |
|
Permitted Uses |
As permitted within the CG District by right or Specific Use Permit |
Per Zoning Ordinance |
|
Freestanding Signs |
Sign Ordinance update (Ord. No. 3586) approved by City Council on February 18, 2020. |
Signage requirements to meet updated Sign Ordinance (Ord. No. 3586) rather than Sign Ordinance that was in effect at the time that PUD-94 was approved. |
SUMMARY OF DEVIATION FROM THE BROKEN ARROW ZONING ORDINANCE FOR PATIO HOMES (TRACT B)
|
Item |
Broken Arrow Zoning Ordinance |
PUD-94W Request |
|
Permitted Uses |
As permitted within the RD District by right or Specific Use Permit |
Per Zoning Ordinance |
|
Development Standards |
Established with the approved PUD-94 and PUD-94Q. No changes are proposed. |
SUMMARY OF DEVIATION FROM THE BROKEN ARROW ZONING ORDINANCE FOR SINGLE-FAMILY/EXECUTIVE HOMESITES (TRACT C)
|
Item |
Broken Arrow Zoning Ordinance |
PUD-94W Request |
|
Permitted uses |
As allowed in the RS-3 district |
Per Zoning Ordinance |
|
Lot area |
7,000 square feet |
6,500 square feet |
|
Lot frontage |
60 feet |
60 feet (at building line) |
|
Front yard setback |
25 feet (may be reduced to 15 feet on corner lot if no driveway access) |
Per Zoning Ordinance |
|
Minimum rear yard |
20 feet |
20 feet |
|
Side yard setback |
10 feet total, minimum 5 feet on one side |
5 feet/5 feet |
|
Side yard abutting public street |
25 feet (may be reduced to 15 feet on corner lot and no driveway access) |
15 feet (garage openings permitted if increased to 20 feet) |
|
Minimum yard abutting arterial street |
35 feet |
25 feet (front or side yard) |
|
Maximum building height |
35 feet or 2.5 stories |
2 stories (35 feet ) per the approved PUD |
|
Landscaping |
One tree per 50 feet of arterial street frontage |
Per Zoning Ordinance, per the approved PUD-94Q |
|
Access |
Access on arterial streets must be 250 feet apart, centerline to centerline on the same side of the street, and 200 feet, centerline to centerline, on the opposite side of the street. On collector streets, such as Albany Drive, access points must be 150 feet apart, centerline to centerline. |
One access point is proposed on Aspen Avenue and one is proposed on Dearborn Street. Each of these will be greater than 300 feet from the nearest intersection. Additionally, the development is proposed to connect to two existing stub streets to the south. |
|
Sidewalks |
5-feet wide on arterial streets and 4-feet wide on collector streets. |
Per 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 |
City of Tulsa |
CS, RM-2, RS-3 |
Dearborn Street, Single-family residential and vacant land beyond |
|
East |
City of Tulsa |
AG |
Undeveloped land |
|
South |
Level 2 |
R-3/PUD-94 |
Single-family residential |
|
West |
City of Tulsa |
AG |
Aspen Avenue, Vacant land beyond |
The property associated with PUD-94W and BAZ-2067 is designated as Level 2, 3 and 4 in the Comprehensive Plan. The RS-3 (Single-family Residential), RD (Residential Duplex) and CG (Commercial General) zoning districts are considered to be in conformance with the Comprehensive Plan in these levels.
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-94W satisfies items 1, 2, 3, and 5 of Section 6.4.A of the Zoning Ordinance. (1) The preservation of sensitive lands in reserve areas and for use as open space maintains the character of the natural setting and limits the intensity of use. (2) The preservation of approximately 14.75 acres of sensitive lands limits the density of the development and provides flexibility as development is planned around sensitive sites. Utilizing natural drainage areas limits impacts to the stormwater drainage system thereby providing a greater public benefit. These modifications permit greater flexibility than could otherwise be achieved through the Zoning Ordinance. (3) With PUD-94W, applicant proposes to preserve 14.75 acres as open space that includes a park and pedestrian connectivity. (5) While modifying the boundaries of the different use areas, the proposed PUD-94W is compatible with the approved master plan for Battle Creek. The design of the development meets the public objectives and standards of accessibility and safety in that proposed access points exceed separation requirements and provides connectivity.
The site includes ponds and creeks but according to FEMA maps, none of the property is located in a 100-year FEMA floodplain area. As part of the engineering process, these areas will need to be mapped. Water and sanitary sewer service will be provided by the City of Broken Arrow.
Attachments: Case map
Aerial
Comprehensive Plan Exhibit
Rezoning Exhibit
Design Statement
Exhibit ‘A’ Conceptual Site Plan
Exhibit ‘B’ Development Area Plan
Approved PUD-94
Approved PUD-94Q
Recommendation:
Based upon the Comprehensive Plan, the location of the property, and the surrounding land uses, Staff recommends that PUD-94W and BAZ-2067 be approved as presented, subject to the property being platted.
Reviewed by: Jill Ferenc
Approved by: Larry R. Curtis
JMW