LEGISLATIVE RESEARCH CENTER
File #: 20-1273    Name:
Type: General Business Status: Agenda Ready
File created: 10/7/2020 In control: Broken Arrow City Council
On agenda: 10/20/2020 Final action:
Title: Consideration, discussion and possible approval of BACP-170 (Comprehensive Plan Change), Honey Springs at Battle Creek, 75.276 acres, Level 2 (Urban Residential), Level 3 (Transition Area) and Level 4 (Commercial/Employment Nodes) to an increased amount of Level 2 and Level 3 and a decreased amount of Level 4, southeast corner of Aspen Avenue (145th E. Avenue) and Dearborn Street (41st Street)
Attachments: 1. 2-PUBLISHED PLANNING COMMISSION STAFF REPORT, 2. 3-CASE MAP, 3. 4-AERIAL, 4. 5-PROPOSED COMPREHENSIVE PLAN EXHIBIT, 5. 6-DRAFT PUD AMENDMENT, 6. 7-CONCEPTUAL SITE PLAN, 7. 8-APPROVED PUD 94, 8. 9-APPROVED PUD 94Q, 9. 10-CITIZEN COMMENTS
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Broken Arrow City Council

Meeting of: 10-20-2020

 

Title:

title

Consideration, discussion and possible approval of BACP-170 (Comprehensive Plan Change), Honey Springs at Battle Creek, 75.276 acres, Level 2 (Urban Residential), Level 3 (Transition Area) and Level 4 (Commercial/Employment Nodes) to an increased amount of Level 2 and Level 3 and a decreased amount of Level 4, southeast corner of Aspen Avenue (145th E. Avenue) and Dearborn Street (41st Street)

End

 

Background:

BACP 170 is a request to change the Comprehensive Plan designation from Level 2 (Urban Residential), Level 3 (Transition Area) and Level 4 (Commercial/Employment Nodes) to an increased amount of Level 2 and Level 3 and a decreased amount of Level 4 on 75.276 acres located at the southeast corner of Aspen Avenue (145th E. Avenue) and Dearborn Street (41st Street). The property, which is vacant and unplatted, is currently zoned PUD-94Q/A-CG (Annexed-Commercial General), A-RD (Annexed-Residential Duplex) and A-R-3 (Annexed-Single-family Residential).

 

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 (C-2, R4 and R-3, now converted to CG, RD, and RS-3), subject to platting.

 

In 2010, a Comprehensive Plan amendment (BACP-105) reallocated the areas of Level 2, 3 and 4 on this site 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) on a site located north of the Broken Arrow Expressway and east of Aspen Avenue. In doing so, the higher-density ‘villas’ (apartments) use was transferred from the northern area of Battle Creek to the area along the Broken Arrow Expressway. 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 required an amendment to PUD-94. With this approval, the density for the property at Aspen Avenue and Dearborn Street was decreased. A major amendment to the Battle Creek Planned Unit Development (PUD-94Q) was also approved in 2010. The remaining Level 3 area along Dearborn Street was amended for patio homes, and the area designated for single-family homes was increased. Additional details on these amendments are included in the attached Planning Commission staff report.

 

With BACP-170, applicant requests approval to modify the configuration of the areas of Levels 2, 3 and 4 due to the topography of the site and the location of existing ponds and blue line streams. In conjunction with BACP-170, applicant has submitted a draft major amendment to PUD-94 and PUD-94Q (PUD-94W). The forthcoming PUD amendment and plat will address any required right-of-way and utility easement dedications. All major utilities are available in other phases of the Battle Creek subdivision and will need to be extended to serve this area. The topography slopes downhill to the north posing a challenge to serve this area of the site; thus, a sewer lift station will likely be needed to serve this area.

 

The following analysis of housing types in the Battle Creek PUD includes only those housing types associated with this area near Aspen Avenue and Dearborn Street. As proposed, the executive home site area will have a density of 3.8 dwelling units per acre, and the patio home area will have a density of 8.5 dwelling units per acre (compared to villas with 16.5 dwelling units/acre). Staff has determined that density is decreased in this location with the overall increase in single-family units.

 

 Proposed Residential Density with PUD-94V Major Amendment

Land Use Area

Current Area

Proposed Area

Number of Units

Dwelling Units per acre (DU/acre)

Executive Home Sites (Level 2)

59.53 acres

62.17 gross acres 49.95    net acres

175

3.80

Patio Homes (Level 3)

5.83 acres

8.61 gross acres 5.87    net acres

44

8.52

Commercial (Level 4)

9.99 acres

4.50 gross acres 2.92    net acres

 

 

Open Space/Park

 

13.32 gross acres

 

 

 

 

Total proposed housing units

219

3.92 DU/acre (Average)

 

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

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

 

BACP-170 was reviewed by the Planning Commission on September 24, 2020.  Several people spoke during the Public Hearing portion, and several other written comments were read into the record for the proposed change in the Comprehensive Plan. One person was in support of the proposal, some were undecided, and several were in opposition. Concerns included property values, traffic, existing low water pressure in the vicinity, loss of wildlife habitat, wetlands, proposed lot sizes, and the size and quality of proposed homes (see attached citizen comments). After reviewing the information presented in the Staff report and hearing the public comment, the Planning Commission recommended approval (5-0) of BACP-170 as per Staff recommendation. 

 Staff had recommended that BACP-170 be approved subject to the following:

1.                     Approval of the rezoning of the property from “Annexed” zoning designations to those that are in conformance with the current Zoning Ordinance, and approval of a major amendment to PUD-94 and PUD-94Q. 

 

2.                     The property shall be platted in accordance with the Land Subdivision Code and the Engineering Design Criteria Manual including the dedication of required rights-of-way and utility easements.

 

Cost:                                                                $0

Funding Source:                     None

Requested By:                      Larry R. Curtis, Director of Community Development

Approved By:                      City Manager’s Office

Attachments:                                          Published Planning Commission Staff report
                                    Case Map
                                             Aerial
                                    Proposed Comprehensive Plan Exhibit
                                    Draft PUD Amendment
                                    Conceptual Site Plan
                                    Approved PUD-94
                                    Approved PUD-94Q
                                    Citizen Comments                                    
                                   

Recommendation:

recommend

Approve BACP-170 as recommended by Planning Commission and Staff.

end