Tulsa Metropolitan Area Planning Commission

Wednesday, October 18, 2000 1:30 p.m.

Francis Campbell City Council Room

Plaza Level, Tulsa Civic Center

Members Present Members Absent Staff Present Others Present

Carnes Boyle Beach Jackere, Legal

Collins Harmon Bruce Counsel

Hill Dunlap

Horner Huntsinger

Jackson Matthews

Ledford Stump

Midget

Pace

Westervelt

The notice and agenda of said meeting were posted in the Reception Area of the INCOG offices on Monday, October 16, 2000 at 3:24 p.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 8:50 a.m.

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

Mr. Westervelt stated that he would be turning the meeting over to 2^nd Vice Chair Jackson in order to allow Commissioner Jackson to learn the format for the meetings.

Minutes:

Approval of the minutes of September 20, 2000 Meeting No. 2251

On MOTION of HORNER the TMAPC voted 6-0-0 (Carnes, Hill, Horner, Jackson, Ledford, Westervelt “aye”; no “nays”; none “abstaining”; Boyle, Collins, Harmon, Midget, Pace “absent“) to APPROVE the minutes of the meeting of September 20, 2000 Meeting No. 2251.

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TMAPC Comments:

Mr. Westervelt thanked the staff for the clear and concise minutes for the September 27^th meeting. He commented that the meeting was a very lengthy and difficult meeting and he expressed the TMAPC’s appreciation for the good job preparing the minutes.

Minutes:

Approval of the minutes of September 27, 2000 Meeting No. 2252

On MOTION of JACKSON the TMAPC voted 6-0-0 (Carnes, Hill, Horner, Jackson, Ledford, Westervelt “aye”; no “nays”; none “abstaining”; Boyle, Collins, Harmon, Midget, Pace “absent“) to APPROVE the minutes of the meeting of September 27, 2000 Meeting No. 2252.

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CONTINUED ITEMS:

R and J Property 2 (2392) PRELIMINARY PLAT

Southwest corner of West 37^th Place South and South Elwood Avenue

Staff Recommendation:

The applicant has timely requested a continuance to October 25, 2000.

TMAPC Comments:

Mr. Westervelt indicated that the applicant has changed his mind and would like to be heard today; however, the Planning Commission is concerned that interested parties may not be attending today because of the timely request for a continuance. Mr. Westervelt announced that the preliminary plat should be heard on October 25, 2000.

There were no interested parties wishing to speak.

TMAPC Action; 6 members present:

On MOTION of HILL, the TMAPC voted 6-0-0 (Carnes, Hill, Horner, Jackson, Ledford, Westervelt "aye"; no "nays"; none ”abstaining"; Boyle, Collins, Harmon, Midget, Pace "absent") to CONTINUE the preliminary plat for R and J Property 2 to October 25, 2000 at 1:30 p.m.

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Application No.: CZ-271 ag to rs

Applicant: Pat Garner (PD-23) (County)

Location: West of West 61^st Street and South 170^th West Avenue

Staff Recommendation:

The applicant did not pay fees for this application, and therefore, this item should be continued to October 25, 2000.

TMAPC Comments:

Mr. Westervelt stated that the applicant paid his fees late, and therefore, this item cannot be heard today.

TMAPC Action; 6 members present:

On MOTION of JACKSON, the TMAPC voted 6-0-0 (Carnes, Hill, Horner, Jackson, Ledford, Westervelt "aye"; no "nays"; none ”abstaining"; Boyle, Collins, Harmon, Midget, Pace "absent") to CONTINUE CZ-271 to October 25, 2000 at 1:30 p.m.

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Commissioner Pace in at 1:35 p.m.

REPORTS:

Chairman’s Reports:

Mr. Westervelt announced that he will be abstaining from Item 18, Z-6789.

Mr. Westervelt turned the meeting over to 2^nd Vice Chair Jackson.

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Director’s Report:

Mr. Stump stated that there are several items on the City Council agenda for Thursday, October 19, 2000.

Mr. Stump reported that the One Stop Permit Center is experiencing a steady increase of usage for taking applications. Mr. Stump stated that if anyone has any comments about the new One Stop Permit Center, they should let him know.

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Mr. Midget in at 1:37 p.m.

County Commissioner Collins in at 1:37 p.m.

SUBDIVISIONS

LOT-SPLITS FOR WAIVER OF SUBDIVISION REGULATIONS:

L-19088 – Jeffrey D. Lower (883) (PD-18) (CD-2)

7415 South Atlanta

Staff Recommendation:

The applicant has applied to split a duplex into two parcels. In the original request, Tract B would not have sewer service. The applicant reconfigured the split so that Tract B would abut the sewer line, therefore resulting in both proposed tracts having four side-lot lines. This configuration results in Tract B having a 12.65’ panhandle on the private street along the front yard of Tract A. The applicant is seeking a waiver of Subdivision Regulations that each tract have no more than three side-lot lines.

At the September 21, 2000, meeting, the Technical Advisory Committee noted that the panhandle is being created solely for sewer service, and the panhandle would run along the front yard and driveway of Tract A. TAC recommended denial of this lot-split application. Staff, therefore, recommends DENIAL of the waiver of Subdivision Regulations and of the lot-split.

Should the Planning Commission approve the waiver of Subdivision Regulations, staff would recommend that approval be given with the condition that a common-wall maintenance agreement be filed at the county courthouse.

Applicant’s Comments:

Roy Johnsen, 201 West 5^th, Suite 501, Tulsa, Oklahoma 74103, representing Mr. and Mrs. Gilmore, stated that there are several reasons for granting the waiver. He explained that the PUD contains 12 lots, each of which was constructed with a duplex dwelling. He indicated that a number of the lots are configured in an unusual way, including panhandles and flags. This PUD was intended to be a tight little community with private streets and gated access.

Mr. Johnsen stated that over time nine of the twelve lots have been split along the common wall of the duplex dwelling. Some of the lots would have had frontage on a sewer main and some would not. In this instance, the applicants filed a minor amendment to the PUD to permit the lot-split, which was approved. When the lot-split was filed it became known that the southernmost half of the duplex lot would not actually front a sewer main. He explained that when the lot-split was granted, it was acceptable because the lot, as a whole, had frontage on a public sewer main.

Mr. Johnsen indicated that as a consequence of the lot-split, the subject property would not have frontage on a sewer main. TAC recommended denial of the lot-split due to the lack of frontage on a sewer main. He explained that Mr. Lower read the ordinances and statutes and established a flag that would extend from the south half of the subject lot along the west boundary north to a point of intersection with the easement within which the sanitary sewer main is located. The flag technically meets all of the requirements relative to sanitary sewer; however, it creates a lot with more than three side-lot lines. This triggers an application for the waiver of the Subdivision Regulations.

Mr. Johnsen reminded the Planning Commission that there are already two flag-lots and two lots with more than three side-lot lines. This application would not be setting a precedent. Mr. Johnsen submitted photographs of the subject property (Exhibit A-1).

Mr. Johnsen stated that the quality of the structure is existing and there is no new construction proposed. He explained that he is not proposing to extend the sewer main because it is not needed at this time. Both units are served by sewer and each tract has its own water meter. The subject units share the driveway and party walls. The reason for not extending the sanitary sewer is because it would tear up significant landscaping and street without any particular reason for doing so. It does not make practical sense to force a sewer that isn’t needed.

Mr. Johnsen stated that Lot 10 had an identical situation and it was approved with the condition that a party-wall easement agreement the established. Additionally, the lot owners provided a document for mutual access and use of sewer and water facilities. He indicated that he would propose the same conditions as in the lot-split for Lot 10. When there are common-party walls, private streets and a common roof line, it requires number of documents to make this work and his client is prepared to do so. There would be a party-wall agreement, an easement for sewer and water and a provision for sharing of costs for repairs. The panhandle would not affect anyone except the two owners of the subject properties.

Mr. Johnsen stated that the panhandle is not near a drive to the north unit, but rather for guest parking. He explained that the drive to the north unit goes along the south boundary of Lot 7 and then along the east boundary to a garage in the back. He indicated that there would be easements for the drive as there are now.

Mr. Johnsen requested the Planning Commission to waive the requirement of no more than three side-lot lines and permit the subject property to be split as requested.

TMAPC Comments:

Mr. Ledford asked Mr. Johnsen where the service line is located from the south lot. In response, Mr. Johnsen stated that he believes that the unit was plumbed as one unit and a service line extension provided to the north unit.

Mr. Carnes stated that this subject property is within a private gated community and therefore, because of this technicality, he would make a motion to approve the application as requested.

TMAPC Action; 9 members present:

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L-19120 – Cox Communications (1614) (PD-14) (County)

10324 North 145^th East Avenue

Staff Recommendation:

The applicant has applied to split off a 60’ X 190’ tract (Tract 1) from a 157’ X 795.7’ parcel (Tract 2) to be used for cable utility equipment. Variances of the bulk and area requirements for AG zoning, including average lot width, lot area, and land area, will be considered at the October 17, 2000, County Board of Adjustment hearing.

Proposed Tract 1 will be used for cable utility equipment and will not require sewage services. Therefore, the applicant is asking for a waiver of Subdivision Regulation 6.5.4.(e) requiring passing a 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, subject to the dedication of 50’ right-of-way on the east including all previously-dedicated right-of-way to Tulsa County.

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 CARNES, the TMAPC voted 9-0-0 (Carnes, Collins, Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Boyle, Harmon "absent") to APPROVE the waiver of Subdivision Regulations and the lot-split; subject to the dedication of 50’ right-of-way on the east including all previously-dedicated right-of-way to Tulsa County and subject to conditions imposed by the County Board of Adjustment on October 17, 2000, as recommended by staff.

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LOT-SPLITS FOR RATIFICATION OF PRIOR APPROVAL:

L-19009 – Tanner Consulting (2683) (PD-26) (CD-8)

West side of Memorial at East 106^th Street

L-19110 – Morgan Powell (1624) (PD-14) (County)

15914 North 141^st East Avenue

L-19111 – Dennis Kelly (3623) (PD-15) (County)

9006 East 128^th Street North

L-19125 – City of Tulsa (894) (PD-17) (CD-6)

1235 South 120^th East Avenue

L-19126 – Douglas T. Techanchuk (1582) (PD-8) (CD-2)

8140 South Yukon Street

L-19128 – Lloyd W. Smith (1582) (PD-8) (CD-2)

8116 South Yukon Street

L-19130 – Tim Knowlton (3483) (PD-26) (CD-8)

11680 South Hudson Court

L-19134 – Roy Johnsen (2383) (PD-18) (CD-7)

South of southwest corner East 98^th Street & Memorial

L-19136 – Tulsa Development Authority (2502) (PD-2) (CD-1)

2126 North Lansing

Staff Recommendation:

Mr. Beach stated that these are all in order and staff recommends APPROVAL.

There were no interested parties wishing to speak.

TMAPC Action; 9 members present:

On MOTION of HORNER, the TMAPC voted 9-0-0 (Carnes, Collins, Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Boyle, Harmon "absent") to RATIFY these lot-splits given prior approval, finding them in accordance with Subdivision Regulations as recommended by staff.

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FINAL PLAT:

Grace Acreage (PUD 221-F) (2894) (PD 17) (CD 6)

Southeast of East 41^st Street and South 129 East Avenue

Staff Recommendation:

There are three lots in one block on 38.88 acres. PUD 221-F, major amendment, approved 28,480 SF of one-story offices in Lot 1 (1.63 acres), 250,000 SF of church and accessory uses in Lot 2 (11.91 acres), and 265,000 SF of private school and athletic fields in Lot 3 (24.37 acres). The site is situated southeast of the intersection of East 41^st Street and South 129^th East Avenue Observation Point subdivision containing an apartment complex abuts to the northwest, Quail Ridge subdivision containing single-family residences abuts to the southeast and unplatted, vacant land is to the east.

All releases are in and the plat is in order. Staff recommends approval of the final plat.

There were no interested parties wishing to speak.

The applicant indicated his agreement with staff’s recommendation.

TMAPC Action; 9 members present:

On MOTION of HORNER, the TMAPC voted 9-0-0 (Carnes, Collins, Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Boyle, Harmon "absent") to APPROVE the final plat for Grace Acreage as recommended by staff.

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Ridge Pointe Villas (PUD-411-C) (2483) (PD-26) (CD-8)

East 101^st Street and 84^th East Avenue

Staff Recommendation:

This plat consists of 48 lots in two blocks with five reserves. Land area is 11.304 acres. It is development area 6a of PUD 411-C, which was recently amended to allow single-family residential use with 45-foot wide, 5000-square-foot lots. It’s abutted on the east by “Ridge Pointe” single-family residential subdivision, on the west by unplatted land that is approved for commercial uses under the PUD, on the north by unplatted land approved for office/warehouse use under the PUD, and on the south by East 101^st Street.

All releases are in and the plat is generally in order with the exception of a few changes in the covenants to reflect the approved PUD standards. Staff recommends approval of the final plat subject to revisions to the covenants.

There were no interested parties wishing to speak.

TMAPC Action; 9 members present:

On MOTION of HORNER, the TMAPC voted 9-0-0 (Carnes, Collins, Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Boyle, Harmon "absent") to APPROVE the final plat for Ridge Pointe Villas, subject to revisions to the covenants as recommended by staff.

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PRELIMINARY PLAT:

GreenHill (PUD-637) (2993) (PD-6) (CD-9)

Northeast corner of East 45^th Street and Lewis Avenue

Staff Recommendation:

General

The plat is located between Lewis and Atlanta, north of 45^th Street. It is intended as a private, gated community, including lots for single-family residences. Two reserve lots, B and C, will be located on the north and south side of the primary entry, 43^rd Place.

The project is located in an area of existing residences; it currently is the site of nine large homes. The areas to the north, east and south include large-lot single-family residences.

The project has significant topography, falling from east to west.

ZONING

The project will be developed under PUD-637. The PUD allows private streets with a minimum 30’ right-of-way width and requires a screening fence with landscaping along the eastern boundary. The maximum number of lots is 26; the minimum lot area is 10,500 square feet.

STREETS

Primary access into the addition will be via 43^rd Place off of South Lewis. A secondary access will enter the addition off of South Atlanta Place. The entries will be gated; the streets will have a right-of-way width of 30 feet and a pavement width of 26 feet. The PUD allows a maximum of 10% grade on the streets.

SANITARY SEWER

Sanitary sewer runs along the rear lot line of the existing lots and to the east along 45^th Street. An easement is required between Lots 3 and 4 and between Lots 14 and 15.

WATER

Water is available on Lewis and Atlanta.

STORM DRAIN

It appears that Reserves B and C will be used for detention purposes.

UTILITIES

A perimeter 15’ easement is shown.

Staff provides the following comments from TAC.

1. Streets and Access:

· Somdecerff, Streets: a Limits of No Access (LNA) should be provided on the eastern boundary of the double frontage lots along Atlanta Ave.

2. Sewer:

· Bolding, Wastewater: a deep manhole will be needed in the northwest corner of the site to facilitate serving areas north.

3. Water:

· Holdman, Water: no comment.

4. Storm Drainage:

· McCormick, Stormwater: the detention facilities appear adequate as proposed and will be reviewed as the project progresses.

5. Utilities:

· Bryant, PSO: will review further and make comment.

Staff recommends APPROVAL of the preliminary plat subject to the following:

WAIVERS OF SUBDIVISION REGULATIONS:

1. None needed.

SPECIAL CONDITIONS:

1. Limits of No Access (LNA) along eastern boundary of double frontage lots.

2. Deep manhole in northwest to satisfaction of wastewater.

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 to 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; 9 members present:

On MOTION of CARNES, the TMAPC voted 9-0-0 (Carnes, Collins, Hill, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Boyle, Harmon "absent") to APPROVE the preliminary plat for GreenHill subject to the special conditions and standard conditions as recommended by staff.

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Ledco Addition (PUD-634) (0294) (PD-17) (CD-6)

East side of Lynn Lane, 330’ north of East 11^th Street

Staff Recommendation:

GENERAL

The plat is located on the east side of Lynn Lane, approximately 330 feet north of the intersection with 11^th Street. It is bounded on the north and west by vacant land and on the south by a large ownership that is primarily vacant, with residential and commercial use structures at the intersection of 11^th and Lynn Lane. The site is bounded on the east by Lynn Lane, with large-lot single family uses beyond.

Significant vegetation is present on site.

ZONING

The area is zoned primarily AG with OL and CS to the east and south across Lynn Lane and CS to the south at the intersection.

The property is zoned CS to the south and OL to the north. It is overlain by PUD 634.

The proposed use is race car building, maintenance and storage. The uses allowed by the PUD include offices as permitted in Use Unit 11 and race car building, maintenance and storage.

The setback from the Lynn Lane centerline is 120’ (70’) from property line as approved by the PUD. The applicant is requesting that this be amended to be 110’ (60’ from the property line).

STREETS

Access will be off of Lynn Lane. The plat indicates a 72’ access point in the southeast corner of the site.

The plat indicates dedication to provide 50’ of right-of-way along Lynn Lane.

SANITARY SEWER

Sewer will be provided via a septic system.

WATER

Water is available along 11^th Street.

STORM DRAIN

The plat does not address detention.

UTILITIES

A perimeter 17.5’ easement is shown along the north, west and south boundaries.

Staff provides the following comments from the TAC meeting.

1. Streets/access:

· Somdecerff, Traffic, indicated that the statutory right-of-way should be shown on the east side of the street.

· French, Streets, indicated that a right-turn bay (acceleration lane) would be required. (This should be monitored to see how it affects setbacks). Access will most probably be restricted to the north 40 feet of the south 72 feet, depending on the extra lane.

2. Sewer:

· Bolding, PW/Engineering: septic – no comment

3. Water:

· Holdman, PW/Water: fire hydrant will need to be set.

· Calkins, TFD: needs more information.

4. Storm Drainage:

· McCormick, Stormwater: easement for improvements will be required..

5. Utilities:

· No comments.

Staff recommends approval of the preliminary plat subject to the following:

Waivers of Subdivision Regulations:

1. None needed.

Special Conditions:

1. Right-turn (acceleration) lane in south 72 feet of the site.

2. Easements to the satisfaction of the Stormwater Department.