Tulsa Metropolitan Area Planning Commission
Wednesday, March 22, 2000
1:30 p.m.
Francis Campbell City
Council Room
Plaza Level, Tulsa Civic
Center
Members Present Members
Absent Staff Present Others Present
Boyle Midget Beach Jackere, Legal
Carnes Westervelt Bruce Counsel
Collins Dunlap
Harmon Huntsinger
Hill Stump
Horner
Jackson
Ledford
Pace
The notice and agenda of said meeting were posted in the Reception Area of the INCOG offices on Tuesday, March 21, 2000 at 11:00 a.m., posted in the Office of the City Clerk on March 20, at 2:31 p.m., as well as in the office of the County Clerk at 2:38 p.m.
After declaring a quorum present, Vice Chair Boyle called the meeting to order at 1:30 p.m.
REPORTS:
Chairman’s Reports:
Mr. Boyle reported that it is some deep personal sadness to note the
passing of Scott Sanditen recently. Mr.
Boyle stated that Mr. Sanditen was a pillar of this community, an important
member of the development industry in this community, as well as a true servant
of the public. Mr. Boyle further stated
that Mr. Sanditen was the kind of person who provided services to this
community that everyone should be proud to emulate. Mr. Boyle commented that the Planning Commission mourns his
passing and send best wishes to his family.
Committee Reports:
Mr. Boyle reported that there would be a worksession immediately following this meeting in City Hall, Room 1102.
Director’s Report:
Mr. Stump reported that there are no items on the City Council agenda. He stated that staff did meet with the Public Works Committee regarding the proposed housekeeping sign amendments that had been continued until after the elections. It has been decided to continue the sign amendments for another 60 days.
Mr. Stump stated that it was requested that the Mayor receive the status of infill recommendations as it related to each group’s responsibilities. Mr. Stump indicated that this request was from the coordination meeting and a copy has been supplied to the Commission.
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SUBDIVISIONS
FINAL PLAT:
Walgreen No. 06268 – 1803 (PD-25) (CD-1)
Southeast corner of East 46th Street North and North Peoria Avenue
Staff Recommendation:
Mr. Bruce stated that all of the release letters have been received and staff recommends approval.
There were no interested parties wishing to speak.
The applicant
indicated his agreement with staff’s recommendation.
TMAPC Action; 8 members present:
On MOTION of HARMON, the TMAPC voted 8-0-0 (Boyle, Carnes, Harmon, Hill,
Horner, Ledford, Pace, "aye"; no "nays"; none
”abstaining"; Collins, Midget, Westervelt "absent") to APPROVE the final plat for Walgreen No. 06268 as recommended by staff.
* * * * * * * * * * * *
PRELIMINARY PLAT:
West of the southwest corner of Skelly Drive and South Union Avenue
The following
background information was provided at the March
2, 2000 TAC meeting.
GENERAL:
The site is bounded on the north by Skelly Drive and on the south by a street that was platted but never developed (paper street), West 53rd Street South. It is bounded by unplatted property on the east and the Riverside Chevrolet auto storage facility on the west.
The site is zoned CG.
The parcel will take access off of Skelly Drive to the north. On the south is West 53rd Street (paper street) extending to the east and intersecting with South Union Avenue.
SANITARY SEWER
Ductile iron (?) to south.
WATER
Water is located on the south side of Skelly Drive.
STORM DRAIN
An overland drainage easement is indicated in the southwest corner of the site.
UTILITIES
Easement information is not indicated.
Staff provides
the following comments from the TAC meeting.
1. Streets/access:
·
Eshelman,
Traffic: no comment.
·
Somdecerff,
Streets: no comment.
2. Sewer:
Staff recommends approval of the preliminary plat subject to the following:
Waivers of Subdivision Regulations:
1. None needed.
Special Conditions:
1. Extension of an eight-inch sanitary sewer line per Public Works request.
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.
There were no interested parties wishing to speak.
The applicant
indicated his agreement with staff’s recommendation.
TMAPC Action; 8 members present:
On MOTION of HORNER, the
TMAPC voted 8-0-0 (Boyle, Carnes,
Harmon, Hill, Horner, Ledford, Pace, "aye"; no "nays"; none
”abstaining"; Collins, Midget, Westervelt "absent") to APPROVE the preliminary plat for Riverside Chevrolet Center subject to special
conditions and standard conditions as recommended by staff.
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Commissioner Collins in at 1:38 p.m.
Woodland Valley Office Park – (0183) (PD-18)
(CD-7)
Southside of East 61st Street South at 91st East Avenue
Staff Recommendation:
Mr. Bruce stated that after review it was determined that this particular plat has an underlying PUD, which is PUD-397. Development Area B is for office space, Area C is for elderly housing and Area D is for apartment use.
Mr. Bruce stated that this preliminary plat proposes office use that is with a number of lots crossing various development areas and uses that are not allowed by the PUD. He indicated that this application has been through TAC and there were some technical issues that can be resolved. However, the major issue is that the PUD and the plat do not line up.
Mr. Bruce explained that staff’s understanding of Subdivision Regulations is that the Commission does need to make a decision within 30 days of a public hearing and there is not an opportunity for the PUD to be amended in that period of time. Therefore, staff recommends that this preliminary plat be denied at this time.
TMAPC Comments:
Mr. Boyle asked if there was something that prevented the Commission from receiving the backup material for this application. In response, Mr. Stump stated that this application was pulled from the agenda because it conflicted with the PUD requirements. Then staff realized that notice had been given to abutting property owners and it needed to be on the agenda. If the Commission is not comfortable with making this decision today, then it could be rescheduled for two weeks and it would be within the 30 days needed to make a decision.
Applicant’s Comments:
Ted Sack, 311 South Elgin Avenue, Tulsa Oklahoma 74120, requested that the Planning Commission approve this application subject to the amendments to the PUD being submitted. He indicated that the developer is willing to take that risk and would not like to be delayed.
TMAPC Comments:
Mr. Boyle stated that he would prefer to continue this application for two weeks.
TMAPC Action; 9 members present:
On MOTION of PACE, the TMAPC voted 9-0-0 (Boyle, Carnes, Collins, Harmon, Hill, Horner, Jackson, Ledford, Pace "aye"; no "nays"; none ”abstaining"; Midget, Westervelt "absent") to CONTINUE the preliminary plat for Woodland Valley Office Park to April 5, 2000 at 1:30 p.m.
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PUBLIC HEARING FOR SUBDIVISIONS REGULATIONS
AMENDMENTS
Amendments for Subdivision Regulations, Sections 4, 6, 7
and Appendix A.
Staff Recommendation:
Mr. Beach stated that the following are revisions to four different sections of the Subdivision Regulations. The Rules and Regulations Committee reviewed this during a worksession and the changes requested have been incorporated. (Language in the staff recommendation that was deleted is shown as strikeout; language added or substituted is underlined.)
SECTION 4. PLANNING AND DESIGN REQUIREMENTS
4.11 SEWAGE
DISPOSAL AND WATER SUPPLY
1) GENERAL
REQUIREMENTS:
(a) All subdivisions shall utilize a public
drinking water supply, approved by the Oklahoma State Department of Health via
the Tulsa City‑County Health Department and the Tulsa Water and Sewer
Department or other appropriate authority.
(b) All plans pertaining to the collection and
treatment of public sewage must be approved by the Oklahoma State Department of
Health via the Tulsa City‑County Health Department and the Tulsa Water
and Sewer Department if in their jurisdiction.
(c) All plans pertaining to distribution and
treatment of public drinking water must be approved by the Oklahoma State
Health Department via the Tulsa City‑County Health Department and the
Tulsa Water and Sewer Department if in their jurisdiction or other appropriate
authority.
1) SUBDIVISIONS
IN THE UNINCORPORATED AREA OF TULSA COUNTY:
a)
All subdivisions in unincorporated Tulsa County may be
served by individual wells for drinking water in lieu of a public water supply
in accordance with applicable regulations of the Oklahoma Water resources Board
and the Oklahoma Department of Environmental Quality.
b)
The
subdivider, at his/her expense, shall provide an internal sanitary sewer
collection system available to each lot within the subdivision. Said system shall be designed and
constructed in accordance with the standards of the agency operating the system
and as approved by the Oklahoma Department of Environmental Quality State
Department of Health. Where an approved public sanitary sewer system is not
reasonably accessible to the subdivision, the subdivision may utilize
individual onsite sewage disposal systems in accordance with the standards
below.
c)
Subdivisions within the unincorporated areas of Tulsa
County that plan to utilize septic tank individual onsite sewage disposal systems must comply with the requirements of the Oklahoma Administrative Code, Title
252, Chapter 641.
d)
Several types of subsurface or above ground, onsite
sewage disposal systems may be permitted. It is beyond the scope of these
Subdivision Regulations to provide detailed instructions, designs, or
specifications for any sewage disposal systems. The subdivider shall be
responsible for obtaining the applicable regulations of the agency having
jurisdiction and complying with the procedural and substantive requirements
therein.
e) All lots in the proposed subdivision shall meet the minimum lot size requirements of the Oklahoma Department of Environmental Quality for onsite sewage disposal systems. Refer to APPENDIX A. These minimum lot size requirements shall not be varied except by the agency having jurisdiction over the permitting of the proposed sewage disposal systems.
f)
Provide and file restrictive covenants with the
subdivision plat, restrictive covenants relative to the installation and
use of individual septic onsite sewage disposal systems and
and/or connection to the public sanitary sewer system as provided in APPENDIX
A.
1)
Submit
a soil percolation test to the Tulsa City‑County Health Department for
each lot in the subdivision to be served by septic tank sewage disposal
systems, establishing a percolation test rate of not less than one inch in
sixty minutes and providing minimum lot sizes as follows;
2) Minimum
lot size of 22,500 square feet, excluding roadway easements, with a minimum
width of 100 feet when the percolation test rate is at least one inch in thirty
minutes or less time.
3) Minimum
lot size of 43,560 square feet, excluding roadway easements, with a minimum
width of 100 feet when the percolation test rate is at least one inch in 31 to
60 minutes.
4)
Dig
two core test pits a minimum of six feet deep and two feet in diameter for each
ten acres in the subdivision for examination by the Tulsa City‑County
Health Department.
(a) Single‑family
residential lots may utilize individual lagoon systems only on lots 2-1/2 acres
or larger in size, provided that no more than 25% of the lots in the
subdivision have failing percolation tests.
A subdivision containing lots, more than 25% of which have failing
percolation tests, must be served by a community sewage disposal system.
(b) Provide
and file with the subdivision plat, restrictive covenants relative to the
installation and use of individual septic sewage disposal systems and
connection to the public sanitary sewer system as provided in APPENDIX A.
2) SUBDIVISIONS
WITHIN THE CORPORATE LIMITS OF THE CITY OF TULSA:
a)
All lots
in subdivisions within the Tulsa City
Limits shall be served by utilize a public drinking water
supply, approved by the Oklahoma State Department of Health via the Tulsa
City‑County Health Department and Oklahoma
Department of Environmental Quality or the Tulsa Water and Sewer
Department Department of Public Works
or other appropriate authority.
b)
The
Subdivider within the Tulsa City Limits, at his/her expense, shall provide an
internal sanitary sewer collection system available to each lot within the
subdivision. Said system shall be
designed and constructed as approved by the Oklahoma Department of Environmental Quality State Department of Health
and in accordance with Ordinances of the City of Tulsa and duly adopted
standards and specifications of the City of Tulsa Water and Sewer Department
Department of Public Works.
c)
Where an
approved public sanitary sewer system is not reasonably accessible to the
subdivision as determined by the policies
of the City of Tulsa, Department of Public Works and in order to allow
development during the time required to extend the public sanitary sewer system
into those areas without such system, the following shall apply:
i)
A central
treatment plant may be utilized on a temporary basis, provided that said
treatment system meets all applicable water quality criteria and is designed
and constructed as approved by the Oklahoma Department of Environmental Quality State
Department of Health and in accordance with Ordinances of the City of Tulsa
and duly adopted standards and specifications of the City of Tulsa Water and
Sewer Department Department of Public
Works.
ii)
A
subdivision may develop initially on individual septic systems using those individual onsite sewage
disposal systems allowed by the policies of the City of Tulsa, Department of
Public Works in accordance with standards as set out herein in the Oklahoma Administrative Code, Title
252, Chapter 641. In addition to
installation of the individual septic onsite sewage disposal systems, the developer shall be required to
install a sewer collection system within the subdivision that can be connected
to the municipal sewage system when available and further that each lot shall
be provided with a building sewer line. Said system and building sewer lines shall
be designed and constructed as approved by the Oklahoma Department of Environmental Quality State Department of Health
and in accordance with Ordinances of the City of Tulsa and duly adopted
standards and specifications of the City of Tulsa Water and Sewer Department
Department of Public Works.
d)
Developers
of subdivisions within the corporate limits of the City of Tulsa where it is
planned to initially utilize septic tank individual onsite sewage disposal systems must:
2)
Submit
a soil percolation test to the Tulsa City‑County Health Department for
each lot in the subdivision to be served by septic tank systems, establishing a
percolation test rate of not less than one inch in sixty minutes and providing
minimum lot sizes as follows:
i)
Meet the minimum lot size criteria as
shown in APPENDIX A. These minimum lot size requirements shall not be varied
except by the agency having jurisdiction over the permitting of the proposed
sewage disposal systems.
ii) Provide
written confirmation from the permitting agency that percolation test results
for each lot in the subdivision are acceptable for the type of system and lot
sizes proposed.
i.
Minimum lot size of 22,500 square feet, excluding roadway
easements, with a minimum width of 100 feet when the percolation test rate is at
least one inch in 30 minutes or less time.
ii. Minimum
lot size of 43,560 square feet, excluding roadway easements, with a minimum
width of 100 feet when the percolation test rate is at least one inch in 31 to
60 minutes.
2.
Dig
two core test pits a minimum of six feet deep and two feet in diameter for each
ten acres in the subdivision for examination by the Tulsa City‑County
Health Department.
(b) Provide
and file with the subdivision plat, restrictive covenants relative to the
installation and use of individual septic sewage disposal systems and
connection to the public sanitary sewer system as provided in APPENDIX A.
SECTION 6. LOT‑SPLIT PROCEDURES
AND STANDARDS
6.1
AUTHORITY.
The
Planning Commission, pursuant to the powers and jurisdiction vested through
Title 19, Oklahoma Statues, Section 863.10, does hereby exercise the power and
authority to review, approve and disapprove transfers of land hereinafter
referred to as lot‑splits.
6.2
INTENT
AND PURPOSE.
The
regulations contained in this Section are intended to establish reasonable
standards of design and procedures for lot‑splits in order to accomplish
the policy and purposes set forth in Section 1.4, as they are applicable to lot‑splits.
6.3
PROCEDURE.
The
following procedure shall be followed in processing lot‑splits:
1.
Application Form and Drawing.
A lot‑split application shall be filed with the Planning
Commission Staff and the appropriate fee paid in accordance with the following
requirements:
(a)
Where the
application is to be reviewed by the Planning Commission alone, four (4) copies
of a scaled drawing shall accompany the split.
Where possible, the drawing should be placed in the space provided on
the application form.
(b)
Where
review will include other agencies or companies in addition to the Planning
Commission Staff, eight (8) copies of a scaled drawing shall accompany the
application.
(c)
The drawing
itself shall include all existing and proposed lot lines, all existing
buildings and improvements and their distances from lot lines, adjacent streets
and street widths, existing access limitations, and a north arrow and scale.
(d)
In all
cases where drawings are attached on separate sheets, the subdivider is
encouraged to limit their size to 8-1/2 inches by 14 inches.
2.
Planning Commission Staff Review.
In its review of lot‑splits, the Planning Commission Staff shall:
(a)
distribute
copies of the application form and drawing to appropriate officials, agencies,
or departments;
(b)
field check
area being platted if needed;
(c)
review the
application for conformance with the Comprehensive Plan, zoning, PUD
conditions, Board of Adjustment actions, and the Subdivision Regulations; and,
(a)
prepare
recommendations including comments of officials, agencies or departments
contacted.
3.
Lot‑Splits Requiring Planning
Commission Staff Review Only. Where review by the Planning Commission
Staff reveals that a split meets all approved guidelines herein set forth, and
all proposed lots are adequately served by utilities either by easement or in
public streets, the Director of the Planning Commission or his appointed agent
shall approve the lot-split and the Planning Commission shall ratify the
approval at the next Planning Commission Land Division meeting
4.
Lot-Splits Requiring Full Review.
For those lot-splits that involve acquiring easements or in the staff’s
opinion, require review by additional companies or agencies, but do not involve
a waiver of zoning or subdivision regulations, the following procedure will be
followed:
(a) a
copy of the application and drawing shall be sent to the utility companies
and/or the Water and Sewer Department of Public Works or the County Engineer, as appropriate.
(b) After
each company or agency to which the application was referred has notified the
Planning Commission Staff of all its
requirements, the Staff shall in turn notify the subdivider.
(c) If
the lot-split is on a tract that is utilizing or will utilize a private sewage
disposal system, the proposed lots must
meet the minimum lot size requirements contained in APPENDIX A of these regulations.
a copy of the application form and drawing shall be given to the subdivider,
who in turn shall deliver it in person to the Health Department. When the result of their assessment is
known, the Health Department shall notify the Staff of their approval or
disapproval.
(d) When approvals from all companies or agencies involved are received, the lot-split shall be approved by the Director of the Planning commission or his appointed agent and the Planning Commission shall ratify the approval at the next Planning Commission Land Division meeting.
5.
Lot-Splits Requiring Waivers.
For those lot-splits that involve a waiver of a subdivision regulation, Planning
Commission Staff shall determine if the Technical Advisory Committee should
review the item. If so, the procedure shall be as follows:
(a) A cutoff date shall be observed, such date to coincide with those for subdivision plats.
(b)
The Planning Commission shall hold a hearing on the
lot-split. Notice of such hearing shall
be given to the abutting property owners (including lot owners separated only
by a residential street) by the mailing of a written notice ten (10) days prior
to the hearing before the Planning Commission of the application for lot-split
approval. The Planning Commission shall
review the requested lot‑split and either approve or disapprove the
requested waiver(s). If approved, the lot‑split approval
may also be subject to the approval of the Zoning Board of Adjustment if a
variance of a zoning requirement is involved.
(c) If the proposed lots would utilize individual onsite sewage disposal systems and contain less lot area than required in APPENDIX A, a written waiver of the lot size requirement and a statement of approval of the proposed individual sewage treatment systems must be obtained from the Oklahoma Department of Environmental Quality by the subdivider and presented to the Planning Commission Staff with the application. The minimum lot size requirements in APPENDIX A may not be waived by the Planning Commission.
(d)
A copy of the lot-split shall be sent to the utility companies
and/or the Water and Sewer Department Department of Public Works or the County Engineer, as appropriate as
in paragraph 4 (a) above, and delivered to the Health Department, if
required, as in 4 (c) above. The
Planning Commission staff shall indicate on the application the date of the
Technical Advisory Committee meeting at which the application shall be reviewed
and that it is a request for waiver of conditions the Subdivision
Regulations.
(e) &