Tulsa Metropolitan Area Planning Commission
Wednesday, January 19,
2000 1:30 p.m.
Aaronson Auditorium, Tulsa
County/City Library
Members Present Members
Absent Staff Present Others Present
Boyle Beach Swiney, Legal
Carnes Bruce Counsel
Collins Dunlap
Harmon Huntsinger
Hill Matthews
Horner Stump
Jackson
Ledford
Midget
Pace
Westervelt
The notice and agenda of said meeting were posted in the Reception Area of the INCOG offices on Monday, January 14, 2000 at 9:08 a.m., posted in the Office of the City Clerk at 8:56 a.m., as well as in the office of the County Clerk at 8:52 a.m.
After declaring a quorum present, Chair Boyle called the meeting to order at 1:32 p.m.
Minutes:
Approval of the
minutes of December 15, 1999 Meeting No. 2225
On MOTION of WESTERVELT the TMAPC voted 10-0-1 (Boyle, Carnes, Harmon, Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt “aye”; no “nays”; Collins “abstaining”; none “absent“) to APPROVE the minutes of the meeting of December 15, 1999 Meeting No. 2225.
Minutes:
Approval of the
minutes of January 5, 2000 Meeting No. 2226
On MOTION of WESTERVELT the TMAPC voted 11-0-0 (Boyle, Carnes, Collins, Harmon, Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt “aye”; no “nays”; Ledford “abstaining none “absent“) to APPROVE the minutes of the meeting of January 5, 2000 Meeting No. 2226.
REPORTS:
Chairman’s Reports:
Mr. Boyle announced that this would be his
last meeting as Chairman of the TMAPC.
He thanked the TMAPC members and staff for their support during his
two-years as Chairman.
Committee Reports:
Budget and Work Program Committee:
Mr. Horner reported that there would be a work session immediately following today’s meeting to discuss the budget and work program for FY 2001.
Director’s Report:
Mr. Stump reported that the TMAPC receipts for the month of November 1999 were average. He stated that there is one item on the City Council meeting agenda and Mr. Dunlap would be attending the meeting.
Mr. Stump announced that the January 26th TMAPC meeting will be held at the Tulsa County Administration Building, Room 119 at 1:30. He indicated that the new location would be posted at the Francis Campbell City Council Room in order to direct the public to the correct meeting location.
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WITHDRAWN ITEMS:
PRELIMINARY PLAT:
The Estates of Posey Creek Farms (1773) (PD-21) (County)
One half mile west of South Harvard Avenue, north side of East 151st Street
Staff Recommendation:
Staff announced that the subject preliminary plat has been withdrawn.
* * * * * * * * * * * *
Chairman Boyle announced that Item 24 would be heard at the top of the agenda due to scheduling difficulties for interested parties.
Application No.: Z-6748 RS-3
to CS
Applicant: Kenney Russell (PD-8)
(CD-2)
Location: Southwest corner of West Skelly Drive
(I-244) and South 34th West Avenue
Staff Recommendation:
Relationship to the Comprehensive Plan:
The District 8 Plan, a part of the Comprehensive Plan for the Tulsa Metropolitan Area, designates the subject tract as Skelly Drive Frontage Area Special District Subarea B – Medium Intensity – Commercial Land Use. Plan text policies call for its development in highway-related commercial uses.
According to the Zoning Matrix the requested CS zoning may be found in accordance with the Plan Map by virtue of its location within a special district.
Staff Comments:
Site Analysis: The subject property is approximately one acre in size and is located on the southwest corner of West Skelly By-pass (I-44) and South 34th West Avenue. The property is sloping, partially wooded, contains a residential dwelling and is zoned RS-3.
Surrounding Area Analysis: The subject property is abutted by single-family dwellings on the south, west and east that are all zoned RS-3; and to the north is the Skelly By-pass access road, zoned RS-3.
Zoning and BOA Historical Summary: The most recent rezoning activity near the subject property approved CS zoning on the southwest corner of I-44 and S. 33rd West Avenue but denied CS zoning on the south 25¢ and the west 50¢ which was granted PK zoning to provide a buffer for the residential uses to the south and west.
Conclusion: The Comprehensive Plan text calls for development in this area that would be highway-related commercial uses. The site in question appears to be surrounded on three sides by relatively stable single-family residential uses, most of which appear to be in very good condition. Except for the commercial use on the southwest corner of the Skelly By-pass and S. 33rd West Avenue, this neighborhood does not appear to have experienced commercial intrusion or otherwise be in transition at this time. Although the plans for the area may support the requested CS zoning at some time in the future, staff cannot support this zoning at the present time.
Approval of CS zoning as proposed would represent a significant intrusion into the neighborhood and may result in de-stabilizing an otherwise viable area. Therefore, staff recommends DENIAL of Z-6748.
Applicant was not present.
Interested Parties
Comments:
Councilor Darla Hall, District 2, 200 Civic Center, City Council,
Tulsa, Oklahoma 74103 stated that the neighborhood opposes this
application. She indicated that CS
zoning would encroach into the neighborhood, and it is a stable
neighborhood. She commented that the CS
zoning would be detrimental to the neighborhood and she opposes this
application. Councilor Hall requested
the Planning Commission to deny this application.
The following Interested Parties were present and
concurred with Councilor Hall’s Opposition:
M.J. Leedy, 5164 South 34th
West Avenue, Tulsa, Oklahoma 74107; Clarissa
Beaty, 5167 South 34th
West Avenue, Tulsa, Oklahoma 74107; Kathern
Thomas, 5177 South 34th
West Avenue, Tulsa, Oklahoma 74107; Zoe
Abel, 5157 South 34th
West Avenue, Tulsa, Oklahoma 74107; Richard
Nelson, 5197 South 34th
West Avenue, Tulsa, Oklahoma 74107; Jim
& Maurine Hutchings, 5192 South
34th West Avenue, Tulsa, Oklahoma 74107; Eric Patte, 5154 South 34th
West Avenue, Tulsa, Oklahoma 74107.
TMAPC Comments:
Chairman Boyle stated that the Planning Commission would not take action on this item at this time, due to the applicant not being present and the item being taken out of order of the posted agenda. He assured Councilor Hall that if the Planning Commission is inclined to approve this application, then it would be continued for one week, to January 26, 2000. In response, Councilor Hall agreed with Chairman Boyle and thanked the Planning Commission for hearing Item No. 24 out of order due to her scheduling conflict.
Case No. Z-6748 Action will be considered in the original order of the posted agenda.
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SUBDIVISIONS
LOT-SPLITS FOR WAIVER OF SUBDIVISION REGULATIONS:
L-18990 –
Executive Title (814)
12505 East 106th Street North
Interested Parties Comments:
Charles Knight, 12111 East 107th Street North, Owasso, Oklahoma 74055, stated that his property abuts the subject property and he opposes this application. He expressed concerns with water drainage problems and the proposed sewer system.
TMAPC Comments:
Mr. Boyle asked Mr. Knight how the lot-split would impact the neighborhood. In response, Mr. Knight stated that the entire neighborhood except for one residence is on five acres and it should stay that way.
Interested Parties Comments:
Murray Adams, 12822 East 107th, Owasso, Oklahoma 74055, stated that 107th Street North is a dead end and he fears that the lot-split will cause more traffic. He commented that the two homes would generate more traffic. He requested the Planning Commission to deny this application.
Applicant’s Comments:
Odell Nesvold, 12505 East 106th North, Owasso, Oklahoma 74055, stated that he is the potential buyer of the subject property and he would like the lot-split to be granted. He commented that the lot-split would not impact the neighborhood.
Debi Douthit, 11621 North 106th North, Owasso, Oklahoma 74055, stated that she is the realtor for the sale of the subject tract. She commented that she lives within one mile of the neighborhood and she did not see any problems with the lot-split. She indicated that several neighbors in the subject area have approached her about splitting their property as well.
Interested Parties Comments:
James Adair, 533 South Rockford, Tulsa, Oklahoma 74120, stated that he is representing his mother. He questioned how the property owner would get water and gas to the subject property after it is split. He expressed concerns with the value of homes and property decreasing in the subject area if the lot-split was allowed.
Toni Summers, 12601 East 107th Street North, Owasso, Oklahoma 74055, stated that she lives across the street from the subject property. She indicated that she opposes the lot-split.
TMAPC Comments:
Jerry Ledford stated that the Subdivision Regulations are in the process of being updated and asked Mr. Stump how this case and area would be treated with the revisions. In response, Mr. Stump stated that the proposed disposal system would be allowed on one acre or two and one-half acres minimum. The subject property is zoned AGR and it requires that lots be one acre minimum. Mr. Stump stated that there are several disposal systems and they are approved by the DEQ for county use only.
Ms. Pace stated that there does not appear to be any reason not to approve this lot-split and that it is acceptable.
TMAPC Action; 11 members present:
On MOTION
of MIDGET, the TMAPC voted 11-0-0 (Boyle, Carnes, Collins, Harmon,
Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no
"nays"; none ”abstaining"; none "absent") to recommend
APPROVAL of the waiver of
Subdivision Regulations and of the lot-split for L-18990 as recommended by
staff.
* * * * * * * * * * * *
LOT-SPLITS FOR RATIFICATION OF PRIOR APPROVAL:
L-18947 – Robert Lee Bearer (1482) (PD-8) (CD-2
8160 South Elwood
L-18979 – Dennis Hall (3492) (PD-8) (CD-2)
5700 South Xenophon
L-18986 – Tom Stanton (1923) (PD-13) (County)
1321 East 153rd Street North
L-18993 – John B. Wimbish (2393) (PD-17)
(CD-5)
West of northwest corner East 31st Street & 79th East Avenue
L-18994 – Darin L. Akerman (192) (PD-1)
(CD-4)
116 North Detroit
L-18995 – Mike Marrara (1903) (PD-2)
(CD-3)
Northwest corner Apache and Lewis
L-18996 – Sack & Associates (2483) (PD-18)
(CD-8)
East of southeast corner East 91st Street & Memorial
L-18999 – J. Douglas Malone (1483) (PD-18)
(CD-8)
7827 East 91st Street
L-19000 – Stephen Schuller (1562) (PD-21)
(County)
20708 South
Vancouver
L-19003 – William D. LaFortune (583) (PD-18)
(CD-9)
116 North Detroit
L-19005 – Bernard Campbell (2702) (PD-11)
(CD-1)
West of southwest corner Seminole & Union
L-19006 – Sack & Associates (883) (PD-18)
(CD-2)
7123 South Lewis
Staff Recommendation:
Mr. Stump stated that all of these lot-splits are in order and staff recommends approval.
TMAPC Action; 11 members present:
On MOTION of HORNER, the TMAPC voted 11-0-0 (Boyle, Carnes, Collins, Harmon, Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; none "absent") to RATIFY these lot-splits given prior approval, finding them in accordance with Subdivision Regulations.
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PRELIMINARY PLAT:
East of southeast center of East 81st Street South and (PD-18) (CD-8)
129th East Avenue
Staff Recommendation:
The following
background information was provided at the January
6, 2000 TAC meeting.
The site is bounded on the north by 81st Street South, on the east by the TCC Southeast Campus, on the south by the South Towne Square Extended Addition and on the west by Meadow Brook Village and unplatted land. It is the previous site of a small airport and contains a single-family dwelling with several airplane hangars and storage buildings. The site is gently sloped to the east and west with the ridge running north/south in the central portion of the property.
The site been zoned AG has in the past, but is currently being considered for redesignation to the CO district with a PUD overlay. The Commission has recommended approval of the redesignation with revisions as recommended by staff.
The PUD is broken into two Development Areas (A and B) with Area A (6.9 AC) to the north. A variety of retail commercial and office uses are allowed in Area A (including hotels) to a maximum of 225,000 square feet. Allowed uses in Area B include offices, mini-storage, detention and parking to a maximum of 25,000 square feet.
The site is bounded by 81st Street on the north. The plat indicates 50’ of right-of-way to be dedicated. Three access points are allowed by the PUD and the plat indicates three access points.
A 30’ mutual access easement is indicated by the plat. The easement is in compliance with the private drive indicated in the site plan, which provides access to internal lots, parking and Area B. Details of the intersection with 81st Street are not indicated.
SANITARY SEWER
The concept plan indicates that the project will tie into the existing line along the south side of the north property line and to the east side of the easterly property line. An existing easement is indicated along the north property line.
On-site easements are not indicated to facilitate the proposed sewer alignment.
WATER
The concept plan indicates that the project will tie into the existing line located along the south side of the 81st Street right-of-way.
On-site easements are not indicated to facilitate the proposed water alignment.
STORM DRAIN
The conceptual storm drain alignment indicates infrastructure in the east and west. It appears that stormwater will be directed to an existing swale along the north property line and to a basin in the southeast corner.
On-site easements for line or access to the basin are not indicated.
UTILITIES
The plat indicates 11’ utility easements on the east, south and west.
Staff provides the following comments from the TAC meeting.
1. Streets/access:
·
Eshelman,
Traffic: indicated that parking should be configured to prohibit backing onto
the primary access way.
·
Calkins, Fire:
indicated that the configuration of the parking areas provided acceptable
circulation.
2. Sewer:
Staff recommends approval of the preliminary plat subject to the following:
Waivers of Subdivision Regulations:
Special Conditions:
1. Parking areas situated so that backing does not occur onto primary access way.
2. Water and sanitary sewer easements indicated as required.
3. Provision of an access easement to the proposed detention area.
4. Provision of an 11’ utility easement along the north property line.
Standard Conditions:
1. Utility easements shall meet the approval of the utilities. Coordinate with Subsurface Committee if underground plant is planned. Show additional easements as required. Existing easements shall be tied to or related to property line and/or lot lines.
2. Water and sanitary sewer plans shall be approved by the Public Works Department prior to release of final plat. (Include language for W/S facilities in covenants.)
3. Pavement or landscape repair within restricted water line, sewer line, or utility easements as a result of water or sewer line or other utility repairs due to breaks and failures, shall be borne by the owner(s) of the lot(s).
4. Any request for creation of a Sewer Improvement District shall be submitted to the Public Works Department prior to release of final plat.
5. Paving and/or drainage plans (as required) shall be approved by the Public Works Department.
6. Any request for a Privately Financed Public Improvement (PFPI) shall be submitted to the Public Works Department.
7. A topo map shall be submitted for review by TAC (Subdivision Regulations). (Submit with drainage plans as directed.)
8. Street names shall be approved by the Public Works Department and shown on plat.
9. All curve data, including corner radii, shall be shown on final plat as applicable.
10. Bearings, or true N/S, etc., shall be shown on perimeter of land being platted or other bearings as directed by the Public Works Department.
11. All adjacent streets, intersections and/or widths thereof shall be shown on plat.
12. It is recommended that the developer coordinate with the Public Works Department during the early stages of street construction concerning the ordering, purchase and installation of street marker signs. (Advisory, not a condition for plat release.)
13. It is recommended that the applicant and/or his engineer or developer coordinate with the Tulsa City/County Health Department for solid waste disposal, particularly during the construction phase and/or clearing of the project. Burning of solid waste is prohibited.
14. The owner(s) shall provide the following information on sewage disposal system if it is to be privately operated on each lot: type, size and general location. (This information to be included in restrictive covenants on plat.)
15. All lots, streets, building lines, easements, etc., shall be completely dimensioned.
16. The key or location map shall be complete.
17. A Corporation Commission letter, Certificate of Non-Development, or other records as may be on file, shall be provided concerning any oil and/or gas wells before plat is released. (A building line shall be shown on plat on any wells not officially plugged. If plugged, provide plugging records.)
18. A "Letter of Assurance" regarding installation of improvements shall be provided prior to release of final plat. (Including documents required under 3.6.5 Subdivision Regulations.)
19. Applicant is advised of his responsibility to contact the U.S. Army Corps of Engineers regarding Section 404 of the Clean Waters Act.
20. If the owner is a Limited Liability Corporation (L.L.C.), a letter from an attorney stating that the L.L.C. is properly organized to do business in Oklahoma is required.
21. All other Subdivision Regulations shall be met prior to release of final plat.
The applicant indicated his agreement with staff’s recommendation.
There were no interested parties wishing to speak.
TMAPC Action; 11 members present:
On MOTION of HARMON, the TMAPC voted 11-0-0 (Boyle, Carnes, Collins, Harmon, Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; none "absent") to APPROVE the preliminary plat for College Center at Meadowbrook subject to special conditions and the standard conditions as recommended by staff.
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TANGLEWOOD ESTATES – (2183) (PD-18)
(CD-8)
East side of South Harvard at East 94th Street South
Staff Recommendation:
The following
background information was provided at the January
6, 2000 TAC meeting.
The site bounded on the north, east and southwest by unplatted land,
along a portion of the south boundary by the Creek Nation Turnpike on the west
boundary by Harvard Avenue.
The site falls approximately 45 feet from southeast to northwest a
distance of approximately 1170 feet. A
significant drainage channel runs from southeast to northwest through the
central portion of the site.
The site is bounded on the west by Harvard Avenue, a residential
collector on the major street and highway plan. The site plan indicates two access points off of Harvard; the
internal street is public and 50 feet in width.
The East 93rd Street access includes a center island and may
require detail plan review.
A 15” line is located to the north in the unplatted area.
A 10” line is located north at the southwest corner of the intersection
of Harvard and 91st and west on the west side of Harvard.
Reserve A will be utilized for overland drainage, conveying water from
this project and the property to the south and east. Information provided to staff does not include the method of
access to the drainage area and/or the method of discharge into the larger
system.
A 17.5-foot
utility easement bounds the property.
Staff provides the following comments from the TAC meeting.
1. Streets/access:
·
Eshelman,
Traffic: indicated that access was acceptable.
Additional details of the 93rd Street entry should be
submitted.
·
Somdecerff:
indicated that dedications as indicated were acceptable as was proposed
internal circulation.
Staff recommends approval of the preliminary plat subject to the
following:
Waivers of Subdivision
Regulations:
1. None needed.
Special Conditions:
1. Off-site drainage easements and method of drainage reserve access and exit should be provided.
2. The restrictions should be amended to
indicate association maintenance of the drainage reserve rather than
maintenance by individual homeowners.
3. Utility
easements should be provided as requested in No. 5, above.
Standard Conditions:
1. Utility easements shall meet the approval of the utilities. Coordinate with Subsurface Committee if underground plant is planned. Show additional easements as required. Existing easements shall be tied to or related to property line and/or lot lines.
2. Water and sanitary sewer plans shall be approved by the Public Works Department prior to release of final plat. (Include language for W/S facilities in covenants.)
3. Pavement or landscape repair within restricted water line, sewer
line, or utility easements as a result of water or sewer line or other utility
repairs due to breaks and failures, shall be borne by the owner(s) of the
lot(s).
4. Any request for creation of a Sewer Improvement District shall be submitted to the Public Works Department prior to release of final plat.
5.
Paving and/or
drainage plans (as required) shall be approved by the Public Works Department.
6.
Any request
for a Privately Financed Public Improvement (PFPI) shall be submitted to the
Public Works Department.
7.
A topo map
shall be submitted for review by TAC (Subdivision Regulations). (Submit with drainage plans as directed.)
8.
Street names
shall be approved by the Public Works Department and shown on plat.
9.
All curve
data, including corner radii, shall be shown on final plat as applicable.
10.
Bearings, or
true N/S, etc., shall be shown on perimeter of land being platted or other
bearings as directed by the Public Works Department.
11.
All adjacent
streets, intersections and/or widths thereof shall be shown on plat.
12.
It is
recommended that the developer coordinate with the Public Works Department
during the early stages of street construction concerning the ordering,
purchase and installation of street marker signs. (Advisory, not a condition for plat release.)
13.
It is
recommended that the applicant and/or his engineer or developer coordinate with
the Tulsa City/County Health Department for solid waste disposal, particularly
during the construction phase and/or clearing of the project. Burning of solid waste is prohibited.
14. The owner(s) shall provide the following information on sewage disposal system if it is to be privately operated on each lot: