Tulsa Metropolitan Area Planning Commission

Wednesday, June 7, 2000 1:30 p.m.

Francis Campbell City Council Room

Plaza Level, Tulsa Civic Center

Members Present Members Absent Staff Present Others Present

Boyle Collins Beach Jackere, Legal

Carnes Horner Dunlap Counsel

Harmon Huntsinger

Hill Matthews

Jackson Stump

Ledford

Midget

Pace

Westervelt

The notice and agenda of said meeting were posted in the Reception Area of the INCOG offices on Monday, June 5, 2000 at 9:15 a.m., posted in the Office of the City Clerk at 9:12 a.m., as well as in the office of the County Clerk at 9:10 a.m.

After declaring a quorum present, Chair Westervelt called the meeting to order at 1:30 p.m.

Minutes:

Approval of the minutes of May 17, 2000 Meeting No. 2239

On MOTION of BOYLE the TMAPC voted 8-0-0 (Boyle, Carnes, Harmon, Horner, Jackson, Ledford, Pace, Westervelt “aye”; no “nays”; none “abstaining”; Collins, Hill, Midget “absent“) to APPROVE the minutes of the meeting of May 17, 2000 Meeting No. 2239.

Approval of the minutes of May 24, 2000 Meeting No. 2240

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CONTINUED ITEMS:

PRELIMINARY PLAT:

Woodfield Village - (PUD-450) (3483) (PD-26) (CD-8)

Southwest corner of 111^th Street and South Sheridan Road

Staff Recommendation:

Staff has requested a continuance to June 21, 2000.

There were no interested parties wishing to speak.

TMAPC Action; 8 members present:

On MOTION of BOYLE, the TMAPC voted 8-0-0 (Boyle, Carnes, Harmon, Horner, Jackson, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Collins, Hill, Midget "absent") to CONTINUE the preliminary plat for Woodfield Village to June 21, 2000 at 1:30 p.m.

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Mr. Midget in at 1:35 p.m.

GreenHill II - (2993) (PD-6) (CD-9)

North of northeast corner of 45^th Street and South Lewis Avenue

TMAPC Comments:

Mr. Westervelt stated that the applicant has timely requested a continuance to June 21, 2000.

There were no interested parties wishing to speak.

TMAPC Action; 9 members present:

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Southern Woods Park – (1683) (PD-18) (CD-8)

Northwest corner of East 91^st Street and South Yale Avenue

Staff Recommendation:

Staff has requested a continuance to June 21, 2000.

There were no interested parties wishing to speak.

TMAPC Action; 9 members present:

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REPORTS:

Committee Reports:

Rules and Regulations

Mr. Boyle reported that there were two items considered at the 11:30 p.m. worksession. The first item dealt with an ordinance previously before the Planning Commission regarding the proposed amendments to Section 12 and 12a. The Committee has recommended sending this proposal to the Planning Commission for action on June 28, 2000 at 1:30 p.m.

Mr. Boyle stated that the second item considered at the worksession was a request from the City Council to set a public hearing relating to nonconforming parking, storing and displaying vehicles on non-all-weather surfaces. The Committee did not particularly give a recommendation on how this issue should be treated, but in conformance with the rules, suggested that the matter be set for a public hearing on July 19, 2000 at 1:30 p.m.

TMAPC Action; 9 members present:

On MOTION of BOYLE, the TMAPC voted 9-0-0 (Boyle, Carnes, Harmon, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Collins, Hill "absent") to call for a public hearing for proposed zoning text amendment to amend the Title 42, TRO, Chapter 14, Section 1407.3, regarding nonconforming use provisions pertaining to the parking, storing or displaying of vehicles on an all-weather material surface on July 19, 2000 at 1:30 p.m.

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Director’s Report:

Mr. Stump reported the April receipts were close to a record and the totals have been high for this year.

Mr. Stump reported that the Polumbus Case, which is the industrial tract on the east side of 145^th East Avenue between 4^th and 6^th Streets, went to District Court and the Court sided with the plaintiff. He indicated that he did not have the details of the Court’s decision but will report them in the near future.

Mr. Stump stated that staff received a copy of the proposed Blasting Ordinance, which was prepared by the staff of Public Works. He indicated that the INCOG staff has reviewed the proposal will be giving comments to the Public Works Department.

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SUBDIVISIONS

LOT-SPLITS FOR WAIVER OF SUBDIVISION REGULATIONS:

L-19055 – Mary Owens (3623) (PD-14) (County)

8815 East 126^th Street North

Staff Recommendation:

The applicant has applied to split a 314.985’ X 922’ lot into two tracts. On May 16, 2000, the Tulsa County Board of Adjustment approved a variance of the required minimum lot width from 200’ to 156.9’ for Tract 2 (CBOA #1733). The proposed tracts meet all other AG bulk and area zoning requirements. Rather than using a septic system on Tracts 1 and 2, the applicant will be installing an alternative system, which requires a waiver from the Subdivision Regulations. Therefore, the applicant is asking for a waiver of Subdivision Regulation 6.5.4.(e) requiring a passing soil percolation test.

Staff believes this lot-split would not have an adverse effect on the surrounding properties and would therefore recommend APPROVAL of the waiver of Subdivision Regulations and of the lot-split.

Interested Parties Comments:

Christine Phillips, 8923 East 126^th Street West, Tulsa, Oklahoma 74021, stated that she is concerned with the proposed alternative sewer system.

TMAPC Comments:

Mr. Westervelt explained to Ms. Phillips that she would need to contact the DEQ regarding the alternative sewer systems. He commented that there are several different types of alternative methods and the DEQ could answer her questions.

TMAPC Action; 9 members present:

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LOT-SPLITS FOR RATIFICATION OF PRIOR APPROVAL:

L-18903 – White Surveying Company (3194) (PD-18) (CD-5)

5883 South Mingo

L-19029 – Lawrence D. Taylor (764) (PD-20) (County)

10215 East 201^st Street South

L-19033 – Jimmy D. Carlile (564) (PD-20) (County)

18903 South Garnett Road

L-19046 – Richard Kosman (2203) (PD-16) (CD-3)

West of Sheridan, South of 30^th Street North

L-19053 – Terry Hazen (983) (PD-18) (CD-8)

7209 South Richmond

L-19059 – Barbara Johnson (1724) (PD-14) (County)

11825 East 166^th Street North

L-19060 – Pete J. Aguirre (474) (PD-19) (County)

13563 East 131^st Street South

L-19063 – Khamphong Keo (194) (PD-17) (County)

17919 East 11^th Street

L-19067 – QuikTrip (2503) (PD16-) (CD-3)

Northwest corner East Pine Street & Mingo

L-19071 – Bernard & Valerie Campbell (2702) (PD-11) (CD-1)

West of southwest corner Seminole & Union

There were no interested parties wishing to speak.

TMAPC Action; 9 members present:

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FINAL PLAT:

RIVERSIDE SHURGARD (783) (PD-18) (CD-2)

Approximately ¼ mile east of South Peoria Avenue, south side of East 71^st Street

Staff Recommendation:

Mr. Beach stated that this is a final plat and it has been reviewed and released. Staff recommends approval of the final plat.

There were no interested parties wishing to speak.

TMAPC Action; 9 members present:

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PRELIMINARY PLAT:

Oak Point - (2093) (PD-6) CD-9)

West side of South Birmingham Avenue at East 33^rd Street

Staff Recommendation:

This plat consists of five lots and one reserve in one block on 1.92 acres. It will be developed as single-family residential lots under RS-1 zoning.

The following were discussed April 20, 2000 at the Technical Advisory Committee (TAC) meeting:

1. Zoning:

· The property is zoned RS-1, which allows for minimum lot sizes of 13,500 square feet and minimum average lot width of 100 feet. All lots appear to meet these requirements, so no Board of Adjustment action would be required to create these lots. There is no PUD or zoning change anticipated. The building lines shown are consistent with Zoning Code requirements except along Birmingham. If garages are accessed from this side, they will be required to set back 20 feet.

1. Streets/access:

All lots have frontage on a proposed public cul-de-sac to be called East 33^rd Street South. The street would be accessed from South Birmingham Avenue, which is approximately 150 feet long.

Somdecerff, Transportation, asked that the book and page number for the Birmingham Avenue right-of-way be shown on the face of the plat.

2. Sewer:

· Our atlas page 94 shows sanitary sewer along the west end of the north property line and along the west property line through the existing easement in Reserve A. Not aware of any sewer issues.

· Bolding, Wastewater, stated that the sewer would need to be extended to serve Lots 4 and 5.

3. Water:

· Our atlas page 94 shows an existing 6” water line in Birmingham Avenue along the east property line. Not aware of any water issues.

· Murphree, Water, stated that the water main would need to be extended from Birmingham Avenue.

4. Storm Drainage:

· No grading plans or site plans were submitted. The natural drainage is from east to west. The Reserve A shown between Lots 2 and 3 is for stormwater detention.

· There were no concerns related to storm drainage.

5. Other:

· Deed of Dedication language should be changed to say “….dedicate to the public…”, rather than, “….for public use…”, per recent Legal Department comments. Are the perimeter easements acceptable as shown? Are there any other issues?

· Pierce, PSO requested two 5’ U/E’s along the side lot line between Lots 3 and 4.

There were no other issues mentioned.

TAC voted unanimously to recommend approval of the preliminary plat.

Staff recommends approval of the preliminary plat subject to the standard and special conditions listed below.

Waivers of Subdivision Regulations:

1. None requested.

Special Conditions:

1. None needed.

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 Engineer prior to release of final plat.

1. Paving and/or drainage plans (as required) shall be approved by the Public Works Department.

2. Any request for a Privately Financed Public Improvement (PFPI) shall be submitted to the Public Works Department.

3. A topo map shall be submitted for review by TAC (Subdivision Regulations). (Submit with drainage plans as directed.)

4. Street names shall be approved by the Public Works Department and shown on plat.

5. All curve data, including corner radii, shall be shown on final plat as applicable.

6. Bearings, or true N/S, etc., shall be shown on perimeter of land being platted or other bearings as directed by the County Engineer.

7. All adjacent streets, intersections and/or widths thereof shall be shown on plat.

8. 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.)

9. 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.

10. The method of sewage disposal and plans therefor shall be approved by the City/County Health Department. [Percolation tests (if applicable) are required prior to preliminary approval of plat.]

11. 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.)

12. The method of water supply and plans therefor shall be approved by the City/County Health Department.

13. All lots, streets, building lines, easements, etc., shall be completely dimensioned.

14. The key or location map shall be complete.

15. 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.)

16. 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.)

17. Applicant is advised of his responsibility to contact the U.S. Army Corps of Engineers regarding Section 404 of the Clean Waters Act.

22. All other Subdivision Regulations shall be met prior to release of final plat.

The applicant indicated his agreement with staff’s recommendation.

Interested Parties Comments:

Martin Hart, 2470 East 33^rd Street, Tulsa, Oklahoma 74119, expressed concerns regarding flooding issues in the subject area. He indicated that he has already experienced flooding in May.

Mr. Hart commented that the developer had trees and undergrowth removed. He explained that this has increased the water runoff onto his property. He stated that the developer should have more responsibility regarding stormwater drainage. He indicated that the proposed retention/detention pond would not help his situation.

TMAPC Comments:

Mr. Westervelt informed Mr. Hart that the TMAPC deals with land use issues only. He stated that the Public Works Department deals with the drainage issues and it will be dealt with during the process.

Applicant’s Rebuttal:

Ted Sack, 111 South Elgin, Tulsa, Oklahoma 74120, stated that he met with Mr. Hart regarding the subject proposal and he is aware of Mr. Hart’s concerns regarding stormwater drainage.

Mr. Sack commented that Mr. Hart’s property is in a low area, which receives drainage from both sides. He explained that when he discussed the detention pond with Mr. Hart, he was vague because the plans are not approved at this time. He indicated that the onsite detention facility is in the design process.

Mr. Sack stated that there is an inlet on Mr. Hart’s property, and with the detention facility proposed for the subject property, it should deflect the water that would normally drain onto Mr. Hart’s property. He explained that there would be some type of drainage along the back of the subject property to intercept stormwater drainage. Mr. Sack concluded that the subject proposal will meet the stormwater requirements, and after this project is completed Mr. Hart’s property will be in better shape than it is today. He indicated that he would be in contact with Mr. Hart as the development is further along.

Mr. Midget out at 1:45 p.m.

TMAPC Action; 8 members present:

On MOTION of HORNER, the TMAPC voted 8-0-0 (Boyle, Carnes, Harmon, Horner, Jackson, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Collins, Hill, Midget "absent") to recommend APPROVAL of the preliminary plat for Oak Point subject to standard conditions as recommended by staff.

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Mr. Horner out at 1:50 p.m.

The Tulsa Commons – (PUD 601) (684) (PD-18) (CD-8)

Northeast corner of East 69^th Street and South US 169

TMAPC Comments:

Mr. Ledford announced that he would be abstaining from this application.

Staff Recommendation:

This plat consists of ten lots in two blocks and one reserve on 38.67 acres. It will be developed for commercial and office uses under PUD 601.

The following were discussed May 18, 2000 at the Technical Advisory Committee (TAC) meeting:

1. Zoning:

PUD 601 was approved in early 1999 and another subdivision plat by the same name was reviewed by TAC and approved by TMAPC. The PUD was amended in late 1999 to divide Development Area A into two parts (A-1 and A-2). The southerly part (A-1) was then platted as Eastside Market II. The remainder (Development Area A-2), along with Development Areas B, C, and E, are included in this submittal. The Development Areas correspond with the lots as follows: Lot 1, Block 1 = Area A-2; Lot 2, Block 1 = Area B; Lot 1, Block 2 = Area C; Lots 2-8 and Reserve A = Area E.
The uses allowed on Lot 1, Block 1 include parking lots, offices, convenience goods and services, retail, restaurants and other entertainment, and hotel, motel and recreation uses. The uses allowed on Lot 2, Block 1 include offices and multifamily dwellings. The uses allowed on Lot 1, Block 2 include parking lots, offices, nursing homes, assisted living facility and elderly retirement housing. The uses allowed on the remainder of the property include offices and a drive-in bank on the east 225 feet, next to Garnett Road.

2. Streets/access:

Both 107^th East Avenue and 69^th Street are commercial collectors with a minimum right-of-way of 80 feet required by the Major Street and Highway Plan. Both are proposed with 60-foot rights-of-way. This was discussed during the first TAC review. The TMAPC waived the Subdivision Regulations to allow 60 feet in its approval of the first preliminary plat. Sidewalks are required on both sides of the collector streets.
The other issue during the PUD hearings and the previous plat was that the TMAPC wanted additional review of the practicality of closing 67^th Street, north of the property, where it abuts Southbrook Addition to the east, or other recommendations for traffic-calming devices to protect these residential areas. TAC discussed these during the previous plat review and stated that additional study would be required, but the Traffic Engineer was inclined to recommend that it remain open. Has this been considered further?
Eshelman, Traffic, stated that the current plan for traffic-calming includes making the intersection of 67^th Street and 107^th East Avenue a three-way stop and adding more multi-way stops along 67^th Street to the east. He recommends leaving 67^th Street open to traffic, which gives the residential area access to 107^th East Avenue as an alternative to Garnett Rd.

Somdecerff, Transportation, stated that the standard 30’ radius needs to be included in the right-of-way dedication. He also asked for the standard right-of-way dedication language to be included in the covenants.

3. Sewer:

· Where is the existing sewer? Where will the connections be? Any extensions needed? Are any other easements needed?

· Bolding, Wastewater, needs an easement at the northeast corner of Lot 1, Block 2. Lot 1, Block 1 will be sewered to south and southeast.

· Ledford, applicant, discussed the evolution of this project and asked that the record show his dissatisfaction that Eastside Market was not required to extend the sewer through to the south boundary of this property.

4. Water:

· The previous plat review indicates that water will be brought in from Garnett and a waterline easement is needed along the north side of 69^th Street. The system should include a loop in the western part of the property. The plat should also show an easement for this loop along 107^th East Avenue. Are any other easements needed? Are there any additional Fire Department requirements?

· Murphree, Water, stated that water lines would need to be looped to provide fire service for Lots 1 and 2, Block 1 with appropriate easements.

5. Storm Drainage:

· No grading plans or site plans were submitted. Reserve A is for stormwater detention. Will this detention pond be part of a larger facility on the abutting unplatted property to the north? Are there any other drainage issues?

· Ledford, applicant, said the detention facility in Reserve A will be unrelated to the existing facility to the north.

6. Utilities:

· In the previous plat review, PSO requested that the covenants contain language reflecting overhead lines along the north and west perimeters. Are the utility easements acceptable as shown? Are there any other utility issues?

Pierce, PSO, reiterated the previous request for language to allow overhead power lines in the perimeter easements.
Morgan, ONG, stated that an easement is needed for Lot 1, Block 1 from the north.

7. Other:

The ten-foot building line along the east side of Lot 1, Block 2 (Area C) should be changed to 20 feet, as required by the PUD. The ten-foot building line along the north sides of Lots 2, 3, 4, & 8, Block 2 (Area E) should also be 20 feet, as required by the PUD, but should include a note that it is for one-story buildings. In addition, a second building line of 50 feet should be shown along the same north side with a note that it is for two-story buildings.

· A six-foot screening fence or wall is required along the north side of Area E and the east side of Area C where they abut residential areas. The screening should be continuous along the north side of Reserve A and the covenants should be clear about the maintenance responsibilities for the screening wall.

· Ledford, applicant, stated that the screening fence or wall would be located along the north side of the reserve area instead of along the south side. He agreed to show two building lines to clear any confusion along the north side of Lots 2, 3, 4, & 8, Block 2. He stated he would investigate the building line along the east side of Lot 1, Block 2 and change as needed.

TAC voted unanimously to recommend approval of the preliminary plat.

Staff recommends approval of the preliminary plat subject to the conditions below.

Waivers of Subdivision Regulations:

1. None requested.

Special Conditions:

1. Dedication of right-of-way to provide the required 30’ radius at the intersection of 69^th Street and Garnett Road.

Standard Conditions:

1. All conditions of PUD 601, PUD 601-1 as applicable and Corridor Site Plan Z-6631-SP-1 shall be met prior to release of the final plat, including any applicable provisions in the covenants or on the face of the plat. Include PUD approval date and references to applicable sections of the Zoning Code in the covenants.

2. 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.

3. 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.)

4. 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).

5. Any request for creation of a Sewer Improvement District shall be submitted to the Public Works Department Engineer prior to release of final plat.

6. Paving and/or drainage plans (as required) shall be approved by the Public Works Department.

8. Any request for a Privately Financed Public Improvement (PFPI) shall be submitted to the Public Works Department.

9. A topo map shall be submitted for review by TAC (Subdivision Regulations). (Submit with drainage plans as directed.)

10. Street names shall be approved by the Public Works Department and shown on plat.

11. All curve data, including corner radii, shall be shown on final plat as applicable.

12. Bearings, or true N/S, etc., shall be shown on perimeter of land being platted or other bearings as directed by the County Engineer.

13. All adjacent streets, intersections and/or widths thereof shall be shown on plat.

14. 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.)

15. 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.

16. The method of sewage disposal and plans therefor shall be approved by the City/County Health Department. [Percolation tests (if applicable) are required prior to preliminary approval of plat.]

17. 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.)

18. The method of water supply and plans therefor shall be approved by the City/County Health Department.

19. All lots, streets, building lines, easements, etc., shall be completely dimensioned.

20. The key or location map shall be complete.

21. 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.)

22. 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.)

23. Applicant is advised of his responsibility to contact the U.S. Army Corps of Engineers regarding Section 404 of the Clean Waters Act.

24. All other Subdivision Regulations shall be met prior to release of final plat.

Interested Parties Comments:

Ken Ellers, 6806 South 109^th East Avenue, Tulsa, Oklahoma 74133, expressed concerns with traffic issues, an existing pond being covered and barriers between CS and RS. He indicated that he would prefer an eight-foot fence to buffer between the CS and RS districts.

Mr. Midget in at 2:00 p.m.

Applicant’s Rebuttal:

Jerry Ledford, Jr., Tulsa Engineering and Planning, 8209 East 63rd Place South

Tulsa, Oklahoma 74133, stated that this is the second time for the TMAPC to review this preliminary plat because the south 16 acres have been sold and will now be East Side Market II, which will be the new location of the Super Target Store. He explained that the preliminary plat is back due to the loss of the 16 acres. He indicated that the preliminary plat is still in the same configuration as previously approved by the TMAPC.

Mr. Ledford stated that traffic-calming devices were discussed during the previous preliminary plat approval and some type of device will be placed in the northerly intersection before it goes into the residential area.

Mr. Ledford indicated that there is an existing pond close to the southwest corner of the subject property. He stated that the projects’ detention facility will be located east of the existing pond and there will be onsite detention. East Side Market to the south of this proposal also has onsite detention. The proposed project is in the design stage for the onsite detention at this time.

Mr. Ledford stated that the lots that the interested party was referring to are office lots along the panhandle portion of the proposal. The buffering, screening and landscaping have all been approved and he will adhere to the requirements.

Mr. Collins in at 2:05 p.m.

TMAPC Comments:

Mr.