Tulsa Metropolitan Area Planning Commission
Wednesday, August 2, 2000
1:30 p.m.
Francis Campbell City
Council Room
Plaza Level, Tulsa Civic
Center
Members Present Members Absent Staff Present Others
Present
Boyle Carnes Beach Boulden, Legal
Collins Dunlap Counsel
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 Friday, July 28, 2000 at 2:15 p.m., posted in the Office of the City Clerk at 2:08 p.m., as well as in the office of the County Clerk at 2:01 p.m.
After declaring a quorum present, Chair Westervelt called the meeting to order at 1:30 p.m.
Minutes:
Approval of the minutes of July 5, 2000 Meeting No. 2244
On MOTION of BOYLE the TMAPC voted 8-0-0 (Boyle, Harmon, Hill, Horner, Jackson, Ledford, Pace, Westervelt “aye”; no “nays”; none “abstaining”; Carnes, Collins, Midget “absent“) to APPROVE the minutes of the meeting of July 5, 2000 Meeting No. 2244.
Minutes:
Approval of the minutes of July 19, 2000 Meeting No. 2245
On MOTION of HARMON the TMAPC voted 8-0-0 (Boyle, Harmon, Hill, Horner, Jackson, Ledford, Pace, Westervelt “aye”; no “nays”; none “abstaining”; Carnes, Collins, Midget “absent“) to APPROVE the minutes of the meeting of July 19, 2000 Meeting No. 2245.
Minutes:
Approval of the minutes of July 26, 2000 Meeting No. 2246
On MOTION of HARMON the TMAPC voted 8-0-0 (Boyle, Harmon, Hill, Horner, Jackson, Ledford, Pace, Westervelt “aye”; no “nays”; none “abstaining”; Carnes, Collins, Midget “absent“) to APPROVE the minutes of the meeting of July 26, 2000 Meeting No. 2246.
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CONTINUED ITEMS:
L-19076
– Stephen K. Mendenhall (2993) (PD-6) (CD-9)
4545 South Lewis
TMAPC Comments:
Mr. Westervelt stated that the applicant has requested a continuance.
There were no interested parties wishing to speak.
TMAPC Action; 8
members present:
On MOTION of BOYLE, the TMAPC voted 8-0-0 (Boyle, Harmon, Hill, Horner, Jackson, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Carnes, Collins, Midget, "absent") to CONTINUE the lot-split for waiver of subdivision regulations for L-19076 to August 16, 2000 at 1:30 p.m.
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The Meadows Second (2992) (PD-9) (County)
East of South 61st West Avenue and West 42nd Place South
There were no interested parties wishing to speak.
TMAPC Comments:
Mr. Westervelt stated that this preliminary plat has been withdrawn by the applicant and is stricken from today’s agenda.
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Application No.: CZ-269 ag
to im
Applicant: Charles E. Norman (PD-15)
(County)
Location: North side of East 66th Street
North, east of Cherokee Expressway
TMAPC Comments:
Mr. Westervelt stated that there is a request for a continuance.
There were no interested parties wishing to speak.
TMAPC Action; 8
members present:
On MOTION of HORNER, the
TMAPC voted 8-0-0 (Boyle, Harmon,
Hill, Horner, Jackson, Ledford, Pace, Westervelt "aye"; no
"nays"; none ”abstaining"; Carnes, Collins, Midget,
"absent") to CONTINUE CZ-269 to August 16, 2000 at 1:30 p.m.
* * * * * * * * * * * *
TMAPC Comments:
Mr. Westervelt stated that he would be taking item no. 14 out of order
due to a scheduling conflict for the applicant.
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REPORTS:
Committee Reports:
Mr. Ledford reported that the Comprehensive Plan Committee held a worksession on July 26th for an update on the Special Neighborhood Implementation Plan for the Brookside area. He indicated that Steve Carr of Urban Development presented the update. He stated that the presentation was quite lengthy and educational.
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Director’s Report:
Mr. Stump reported that the one-stop permit center, which is located at the Hartford Building, would be open next Monday. He indicated that INCOG would be providing one staff person to answer zoning questions and to take zoning and Board of Adjustment applications and lot-split applications.
Mr. Stump stated that there are three major amendments to PUDs on the City Council agenda for August 3rd and the amendments to the Zoning Code relating regulating of restaurants and bars.
Mr. Stump reported that the Council would be voting on directing the Planning Commission to hold public hearings on the rezoning of the tract of land located at 6th and 145th East Avenue, which was involved in a lawsuit.
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Application No.: Z-6779 IL
to CBD
Applicant: Stephen A. Schuller (PD-1) (CD-4)
Location: West side of Elgin, South of Archer Street
Staff Recommendation:
RELEVANT ZONING HISTORY:
Z-6763 - June 2000: All concurred in approval of a request to rezone a lot located on the northeast corner of East Archer Street and North Detroit Avenue and to the north of the subject property, from IL to CBD.
Z-6695 - June 1999: All concurred in approval of a request to rezone a lot located on the southwest corner of East 1st Street and South Detroit Avenue from IL to CBD.
BOA-18379 - April 1999: The Board of Adjustment approved a special exception to allow a mechanical plant and a parking garage on the northeast and southeast corners of East 1st Street and South Cincinnati and located in an area zoned IL and CBD.
BOA-18013 - April 1998: The Board of Adjustment approved a request for a special exception to allow a light manufacturing company building computer components on property located on the northeast corner of East Brady Street and North Detroit, north of the subject tract and zoned CBD.
Z-6598 - December 1997: All concurred in approval of a request to rezone 14 acres in the downtown area with property located between North Boulder Avenue and North Boston Avenue, south of East Brady Street to the Burlington Northern Railroad and property located on the northeast corner of East Archer and North Elgin Avenue as well as two tracts located on the northwest corner and the northeast corner of the Burlington Northern Railroad and North Greenwood Avenue from IL to CBD.
Z-6570 - December 1996: All concurred in approval of a request to rezone the Salvation Army and Community Day Center facility and various other vacant residential properties from IM, IL, RS-3 and RM-2 to CBD and PUD-532 for a Community Center and Criminal Justice facility in the vicinity of 2nd/3rd Streets/Brady/Denver.
BOA-16820 - October 1994: The Board of Adjustment denied a request to allow an outdoor advertising sign on property located on the southeast corner of East Brady and North Cincinnati Avenue, zoned CBD and outside a freeway sign corridor.
Z-6422 - December 1993: All concurred in approval of a request to rezone a lot located on the northeast corner of East Archer Street and South Main Street from IL to CBD for multifamily use.
Z-5977 - September 1984: All concurred in approval of a request to rezone a block located on the southwest corner of East Archer Street and South Cincinnati Avenue from CH to CBD.
Z-5756 - November 1982: All concurred in approval to rezone a tract of land located at the southeast corner of East Archer Street and South Boston Avenue from IL to CH.
Z-5586 - August 1981: All concurred in approval to rezone a tract of land located south of Brady Avenue at Greenwood Avenue from IL to CH.
SITE ANALYSIS: The subject property is approximately 1.11 acres in size and is located on the west side of Elgin Avenue and south of Archer Street. The property is flat, non- wooded, contains commercial and industrial buildings, and is zoned IL.
STREETS:
Existing Access MSHP Design. Exist. No. Lanes Surface Curbs
North Elgin Avenue 80¢ 4 lanes Paved Yes
East Archer Street 80¢ 4 lanes Paved Yes
The Major Street Plan designates North Elgin Avenue and East Archer Street as commercial/CBD/industrial collector streets.
UTILITIES: Water and sewer are available to the subject property.
SURROUNDING AREA: The subject tract is abutted on the north by a service station, offices and a vacant lot, zoned IL; to the east by a warehouse and parking lot, zoned IL; to the west by a tire store, zoned IL; to the south by the Atchison, Topeka, and Santa Fe railroad right-of way and beyond that is a trucking company and farther south is LaPetite Children’s Academy and nursery, zoned CBD.
RELATIONSHIP TO THE COMPREHENSIVE PLAN:
The District 1 Plan, a part of the Comprehensive Plan for the Tulsa Metropolitan Area, designates the subject property as being in the Greenwood District of the “Old Towne” Identity Area. Plan policies call for the area to remain one of mixed uses, generally including suburban-density office, commercial and service uses. Uses are to be compatible with the University and near north residential and retail uses. Plan policies also envision all or much of the downtown area being rezoned CBD.
According to the Zoning Matrix the requested CBD is in accordance with the Plan Map.
Based on existing development, trends in the area and the adopted District One Plan, a part of the Comprehensive Plan for the Tulsa Metropolitan Area, staff can support the requested CBD designation and therefore recommends APPROVAL of CBD zoning for Z-6779.
The applicant
indicated his agreement with staff’s recommendation.
There were no interested parties wishing to speak.
TMAPC Action; 8 members present:
On MOTION of BOYLE, the TMAPC voted 8-0-0 (Boyle, Harmon, Hill, Horner, Jackson, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Carnes, Collins, Midget "absent") to recommend APPROVAL of CBD zoning for Z-6779 as recommended by staff.
Legal Description for Z-6779:
Lots 1, 2, 3, and the East 125¢ of Lot 4, and the East 125¢ of the South 50¢ of Lot 5, and the vacated alley between the South 50¢ of Lots 2 and 5, and between Lots 3 and 4, all in Block 56, Original Town, now City of Tulsa, Tulsa County, State of Oklahoma, according to the official Plat thereof, From IL (Industrial Light District) To CBD (Central Business District).
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SUBDIVISIONS
FINAL PLAT:
Claremont Park – (1793) (PD-6) (CD-8)
East of Lewis Avenue on the south side of 21st Street South
Staff Recommendation:
Mr. Beach stated that everything is in order and staff has received all release letters. Staff recommends APPROVAL of the final plat for Claremont Park.
There were no interested parties wishing to speak.
TMAPC Action; 8 members present:
On MOTION of BOYLE, the
TMAPC voted 8-0-0 (Boyle, Harmon,
Hill, Horner, Jackson, Ledford, Pace, Westervelt "aye"; no
"nays"; none ”abstaining"; Carnes, Collins, Midget
"absent") to APPROVE the final plat for Claremont Park as
recommended by staff.
Lewis 53 Office Park (PUD-613) (3293) (PD-18) (CD-9)
Southeast corner of East 53rd Street and South Lewis Avenue
(Formerly Three Oaks)
Mr. Ledford announced that he
would be abstaining from this item.
Staff Recommendation:
Mr. Beach stated that everything is in order and staff has received all release letters. Staff recommends APPROVAL of the final plat for Lewis 53 Office Park.
The applicant
indicated his agreement with staff’s recommendation.
There were no interested parties wishing to speak.
TMAPC Action; 8 members present:
On MOTION of BOYLE, the
TMAPC voted 7-0-1 (Boyle, Harmon,
Hill, Horner, Jackson, Pace, Westervelt "aye"; no "nays";
Ledford ”abstaining"; Carnes, Collins, Midget "absent") to APPROVE the final plat for Lewis 53 Office Park as recommended by staff.
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Cobblestone Trail – (2323) (PD-14) (County)
Quarter mile east of North Sheridan Road, north side of East 146th Street
Staff Recommendation:
Mr. Beach stated that everything is in order and staff has received all release letters. Staff recommends APPROVAL of the final plat for Cobblestone Trail.
The applicant
indicated his agreement with staff’s recommendation.
There were no interested parties wishing to speak.
TMAPC Action; 8 members present:
On MOTION of BOYLE, the
TMAPC voted 8-0-0 (Boyle, Harmon,
Hill, Horner, Jackson, Ledford, Pace, Westervelt "aye"; no
"nays"; none ”abstaining"; Carnes, Collins, Midget
"absent") to APPROVE the final plat for Cobblestone Trail as
recommended by staff.
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Butler Park – (3603) (PD-16) (CD-6)
Northwest corner of East Marshall Street and North Mingo Road
Staff Recommendation:
Mr. Beach stated that everything is in order and all release letters have been received. Staff recommends APPROVAL of the final plat for Butler Park.
The applicant
indicated his agreement with staff’s recommendation.
There were no interested parties wishing to speak.
TMAPC Action; 8 members present:
On MOTION of BOYLE, the
TMAPC voted 8-0-0 (Boyle, Harmon,
Hill, Horner, Jackson, Ledford, Pace, Westervelt "aye"; no
"nays"; none ”abstaining"; Carnes, Collins, Midget
"absent") to APPROVE the final plat for Butler Park as
recommended by staff.
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Mr. Midget in at 1:43 p.m.
PRELIMINARY PLAT:
Booker T. Washington – (2030) (PD-2) (CD-3)
North Trenton Avenue and East Woodrow Place
Staff Recommendation:
This plat consists of one lot in one block and one reserve on 42.35 acres. The property is the site of the new Booker T. Washington High School campus.
The following were discussed July
20, 2000 at the Technical Advisory Committee (TAC) meeting:
1. Zoning:
·
The property
is zoned RS-3 and has contained a public high school campus for many
years. It was the subject of Board of
Adjustment approval of several variances on July 25, 2000. This plat was filed to facilitate the
redevelopment of the site to accommodate the new high school. There are no outstanding zoning issues that
affect review of the plat.
2. Streets/access:
Staff recommends approval of the preliminary plat subject to the conditions below.
Waivers of Subdivision Regulations:
1. None requested.
Special Conditions:
1.
Dedication of
additional right-of-way to form a 25’ radius curve at the intersections
of Zion and Virgin with North Trenton Avenue.
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 lines 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.
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 County Engineer.
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 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.]
15. 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.)
16. The method of water supply and plans therefor shall be approved by the City/County Health Department.
17. All lots, streets, building lines, easements, etc., shall be completely dimensioned.
18. The key or location map shall be complete.
19. 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.)
20. 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.)
21. 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.
There were no interested parties wishing to speak.
TMAPC Action; 9 members present:
On MOTION of BOYLE, the
TMAPC voted 9-0-0 (Boyle, Harmon,
Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no
"nays"; none ”abstaining"; Carnes, Collins, "absent")
to APPROVE the preliminary plat for Booker T. Washington, subject to special
conditions and standard conditions as recommended by staff.
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PLAT WAIVER:
BOA-18816 - (994) (PD 17) (CD 6)
Staff Recommendation:
Staff Comments and Recommendation:
Based on the several items noted in the checklist that would require separate instruments, staff recommends denial of the plat waiver.
A YES answer
to the following 3 questions would generally be FAVORABLE to a plat waiver:
YES NO
1) Has property previously been platted? √ *
2) Are restrictive covenants contained in a previously filed plat? * √
3) Is property adequately described by surrounding platted
properties or street R/W? √ *
A YES answer
to the remaining questions would generally NOT be favorable to a plat waiver:
4) Is right-of-way dedication required to comply with Major Street
and Highway Plan? √1 *
5) Would restrictive covenants or deeds of dedication be
needed by separate instrument? √4 *
6) Infrastructure requirements
a) Water
i) Is a main line water extension required? * √
ii) Is an internal system or fire line required? * √
iii) Are additional easements required? * √
b) Sanitary Sewer
i) Is a main line extension required? * √
ii) Is an internal system required? * √
iii) Are additional easements required? * √
c) Storm Sewer
i) Is a P.F.P.I. required? * √
ii) Is an Overland Drainage Easement required? * √
iii) Is on-site detention required? √ *
iv) Are additional easements required? √2 *
7) Floodplain
a) Does the property contain a City of Tulsa (Regulatory)
Floodplain? √3 *
b) Does the property contain a F.E.M.A. (Federal) Floodplain? √3 *
8) Change of Access
a) Are revisions to existing access locations necessary? * √
9) Is the property in a P.U.D.? * √
a) If yes, was plat recorded for the original P.U.D.? N/A
10) Is this a Major Amendment to a P.U.D.? * √
a) If yes, does the amendment make changes to the
proposed physical development of the
P.U.D.? N/A
11) Are additional utility easements needed? * √
Commissioner Collins in at
1:48 p.m.
Applicant’s Comments:
Lou Reynolds, 2727 East 21st Street, Tulsa, Oklahoma, 74114, representing the Church of God, stated that the lot is a platted lot and the issues have to do with a dedication of a right-of-way on 11th Street. He indicated that the dedication of right-of-way could be done by separate instrument.
Mr. Reynolds stated that the other issue is that the property is within a floodplain and his client is willing to show the floodplain line on the survey that will be filed of record. He commented that he couldn’t see a practical reason for the church having to replat the property and going through the expense of replatting when the two issues can be handled by separate instrument.
Mr. Reynolds explained that the church has been on the site for over 20 years and is adding onto the existing structure.
TMAPC Comments:
In response to Mr. Westervelt, Mr. Reynolds stated that he does not believe the church ever applied for a special exception for the use. Mr. Reynolds commented that it may or may not have been grandfathered in. Mr. Reynolds explained that his client recently filed for a special exception for church use to clean up the records.
Mr. Boyle stated that he does not like to see check lists like this one; however, in this particular case since the church has existed for over 20 years and there are not changes in the use, this is one the Planning Commission can exercise their discretion and approve this request.
TMAPC Action; 10 members present:
On MOTION of HARMON, the
TMAPC voted 9-1-0 (Boyle, Collins,
Harmon, Hill, Horner, Jackson, Midget, Pace, Westervelt "aye";
Ledford "nay"; none ”abstaining"; Carnes "absent") to
recommend APPROVAL of the plat waiver for BOA-18816 subject to
a dedication of right-of-way on
11th Street; and subject to a current ALTA/ACSM/NSPS Land
Title Survey (and as subsequently revised) being required. Said survey shall be prepared in a
recordable format and filed at the County Clerk’s office as recommended by
staff.
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CONTINUED ZONING PUBLIC HEARING
Application No.: pud-502-a major
amendment
Applicant: Jeffrey Levinson (PD-18)
(CD-8)
Location: Northeast corner of East 53rd
Street and South Lewis
Mr. Ledford announced that he would be abstaining from this item.
RELEVANT
ZONING HISTORY FOR PUD-502-A:
Z-6703/PUD-613 July 1999: All concurred in approval of a request to rezone a 1.04-acre lot located on the southeast corner of East 53rd Street South and South Lewis Avenue, south of the subject tract, from RS-2 to OL/PUD-613 for office use.
PUD-482-A September 1997: All concurred in approval of a major amendment to PUD-482 to change the permitted uses from motel to two development areas. One area would allow elderly/retirement housing and life care retirement center and the second area would permit office use.
BOA-17836 September 1997: The Board of Adjustment approved a request for a special exception to permit the floor area ratio of .32 on a tract located on the southeast corner of East 54th Street and South Lewis Avenue and zoned OL.
Z-6568 December 1996: All concurred in approval of a request to rezone a 140¢ x 105¢ tract located on the southeast corner of East 54th Street and South Lewis Avenue from RS-2 to OL.
Z-6489/PUD-534 June 1995: A request to rezone a 1.5-acre tract located south of the southwest corner of East 55th Street South and South Lewis Avenue from RS-3 to OL/PUD for a mixed use office and attached single-family residential development. All concurred in approval subject to conditions.
Z-6416/PUD-502 September 1993: All concurred to approve a request to rezone the original .8-acre tract of the subject property from RS-2 to OL/PUD-502 to permit an office development.