Tulsa Metropolitan Area Planning Commission
Wednesday, December 20,
2000 1:30 p.m.
Francis Campbell City
Council Room
Plaza Level, Tulsa Civic
Center
Members Present
Members
Absent Staff Present Others Present
Boyle Harmon Beach Boulden, Legal
Carnes Westervelt Bruce Counsel
Collins Dunlap
Hill Huntsinger
Horner
Matthews
Jackson
S tump
Ledford
Midget
Pace
The notice and agenda of said meeting were posted in the
Reception Area of the INCOG offices on Tuesday, December 19, 2000 at 9:00 a.m.,
posted in the Office of the City Clerk, as well as in the office of the County
Clerk.
After declaring a quorum present, Vice Chair Boyle called the meeting to order at 1:37 p.m.
REPORTS:
Chairman’s Reports:
Consider City Council Chairman Roop’s request to withdraw resolutions amending the District Plan Maps and resubmit at a later date.
Mr. Boyle asked staff to explain what the Planning Commission is being
asked to do at this point. In response,
Mr. Stump stated that the resolutions were considered and recommended to the
City Council and transmitted December 4, 2000.
Mr. Stump explained that the City Council has 45 days to act on these or
they become approved automatically, which would be in January. Mr. Stump indicated that Councilor Roop has
requested that the Planning Commission retract the transmittals; however, there
is a question whether the Planning Commission has the ability to do this. Mr. Stump stated that he is not aware of a
procedure that would allow this request.
Mr. Boulden stated that he discussed this issue with the counsel for the
City Council and they now project the date they would have to act is January 17th
or 18th. There is no urgency
at this time and once the transmittal is submitted, it is in the Council’s control
and cannot be retracted by the Planning Commission.
Mr. Boyle stated that if the Planning Commission did withdraw the
transmittals and resubmitted at a later date, that would essentially be
rehearing, which would require more advertising for a public hearing.
Mr. Midget stated that it has been a long-standing practice to not accept
these types of requests from individual Councilors. If the Council as an institution comes to the Planning Commission
with a request, then it could be considered.
Mr. Boyle stated that based on all of the above information, the request
is ruled as out of order and being inconsistent with the Planning Commission
Procedures.
* * * * * * * * * * * *
Director’s Report:
Mr. Stump stated that on December 14, 2000, the City Council had the second reading for the proposal to grandfather in unpaved parking lots that existed as of June 1970. The City Council voted to approve the grandfathering, which is not what the Planning Commission recommended.
Mr. Stump announced that there would be no City Council meeting this week.
* * * * * * * * * * * *
Application No.: PUD-306-A-2 minor amendment
Applicant: Randy Bright (PD-18) (CD-2)
Location: 9222 South Harvard
Applicant has
withdrawn this application.
* * * * * * * * * * * *
Public Hearing To Consider Amending the Tulsa Zoning Code Text, Title 42,
TRO, For the Following Chapters: 2, 3, 4, 6, 8, 9, 11, 12, 13, 14, 15, 16 and
18.
TMAPC Comments:
Mr. Boyle stated that there are numerous interested parties present and numerous requests for continuance.
Mr. Boyle asked the interested parties if there was any opposition regarding the continuance of this item.
There were no interested parties wishing to speak.
Mr. Stump stated that in approximately 30 days, January 24, 2001, there would be a public hearing (recessed from today), in order to give the neighborhood associations time to hold meetings and have their comments ready for the hearing. Staff is open to any date that the Planning Commission would like to continue this item to.
Interested Parties
Comments:
Michael Bates, 4727 East 23rd Street, Tulsa, Oklahoma 74114, stated that 30 days would not be enough time to hold neighborhood meetings due to the holidays. He commented that there would be several neighborhood associations that would not have met before the January 24th date.
Mr. Boyle asked Mr. Bates if the first meeting in February would give the neighborhood associations enough time to have meetings and be ready with comments. In response, Mr. Bates answered affirmatively. Staff agreed with the February 7, 2001 date.
TMAPC Action; 9
members present:
On MOTION of MIDGET, the
TMAPC voted 9-0-0 (Boyle, Carnes,
Collins, Hill, Horner, Jackson, Ledford, Pace "aye"; no
"nays"; none ”abstaining"; Harmon, Westervelt "absent")
to CONTINUE the public hearing to consider amending the Tulsa Zoning Code Text,
Title 42, TRO, for the following Chapters: 2, 3, 4, 6, 8, 9, 11, 12, 13, 14,
15, 16 and 18 to February 7, 2001 at 1:30 p.m.
* * * * * * * * * * * *
SUBDIVISIONS
RECIND LOT-SPLIT TIE-AGREEMENT:
L-19154 – Jeff Dunn (192) (PD-4) (CD-4)
Southwest corner East 8th Street and Norfolk
Mr. Ledford
announced that he would be abstaining from this item.
Staff Recommendation:
This is an effort by the American Lung Association to assemble a parcel for their new offices. They will own the west 7.5’ of Lot 3 and all of Lots 4 - 8. However, the previous tie-agreement needs to be rescinded to allow this to proceed.
Staff recommends APPROVAL of rescinding the previous tie-agreement of Lot-split #16154, and the new tie agreement of the west 7.5’ of Lot 3 being tied to Lots 4 and 5.
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 TMAPC voted 8-0-1 (Boyle, Carnes, Collins, Hill, Horner, Jackson, Midget, Pace "aye"; no "nays"; Ledford ”abstaining"; Harmon, Westervelt "absent") to APPROVE rescinding the previous tie-agreement of Lot-split #16154, and the new tie agreement of the west 7.5’ of Lot 3 being tied to Lots 4 and 5 as recommended by staff.
* * * * * * * * * * * *
LOT-SPLITS FOR WAIVER OF SUBDIVISION REGULATIONS:
L-19112 – Sack & Associates, Inc. (3483) (PD-26) (CD-8)
11656 South Hudson Court
Staff Recommendation:
The applicant has applied to make three tracts out of four existing lots. Proposed Tract A will tie a portion of Reserve Area D and part of Lot 9 to Lot 8; proposed Tract B will tie a small part of Reserve Area D and the remainder of Lot 9 to Lot 10; proposed Tract C will be the remainder of Reserve Area D.
The proposed configuration will result with all three tracts having more than three side lot lines. The applicant is seeking a Waiver of Subdivision Regulations that each tract have no more than three side lot lines.
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.
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 MIDGET TMAPC voted 9-0-0 (Boyle, Carnes, Collins, Hill, Horner, Jackson, Ledford,
Midget, Pace "aye"; no "nays"; none ”abstaining";
Harmon, Westervelt "absent") to APPROVE the waiver of Subdivision Regulations and of
the lot-split for L-19112 as recommended by staff.
* * * * * * * * * * * *
LOT-SPLITS FOR RATIFICATION OF PRIOR APPROVAL:
L-19140 – Wallace Lee Jones (791) (PD-23) (County)
16807 West 19th Place
L-19142 – Thomas P. Fees (2213) (PD-15) (County)
5912 East 96th Street North
L-19143 – Toby Stowers (723) (PD-13) (County)
East of Peoria on East 168th Street
North
L-19155 – Mike Marrara (3304) (PD-16) (CD-6)
1336 North 143rd East Avenue
L-19161 – Tanner Consulting (794)
(PD-5)
(CD-5)
South 103rd East Avenue & East
21st Street
L-19163 – City of Tulsa (3693) (PD-18) (CD-7)
5656 South Mingo
L-19167 – Bruce Bush (574) (PD-19) (County)
12500 South 129th East Avenue
Staff Recommendation:
Mr. Beach stated that all these lot-splits are in order and staff
recommends APPROVAL.
TMAPC Action; 9 members present:
On MOTION of MIDGET, the TMAPC voted 9-0-0 (Boyle, Carnes, Collins, Hill, Horner, Jackson, Ledford, Midget, Pace "aye"; no "nays"; none ”abstaining"; Harmon, Westervelt "absent") to RATIFY these lot-splits given prior approval, finding them in accordance with Subdivision Regulations as recommended by staff.
* * * * * * * * * * * *
FINAL PLAT:
R and J Property 2 (2392) (PD-9) (CD-2)
Southwest corner of South Elwood Avenue and West 37th Place South
Staff Recommendation:
Mr. Bruce stated that all release letters have been received and
everything is in order. Staff
recommends APPROVAL of the final plat for R and J Property 2.
The applicant was not
present.
There were no interested parties wishing to speak.
TMAPC Action; 9 members present:
On MOTION of MIDGET TMAPC voted 9-0-0 (Boyle, Carnes, Collins, Hill, Horner, Jackson, Ledford, Midget, Pace "aye"; no "nays"; none ”abstaining"; Harmon, Westervelt "absent") to APPROVE the final plat for R and J Property 2 as recommended by staff.
* * * * * * * * * * * *
Redeemer Covenant Church (2283) (PD-26) (CD-8)
One-quarter mile east of the northeast corner of South Yale Avenue and East 101st Street South
Staff Recommendation:
Mr. Bruce stated that all release letters have been received and
everything is in order. Staff
recommends APPROVAL of the final plat for Redeemer Covenant Church.
There were no interested parties wishing to speak.
TMAPC Action; 9 members present:
On MOTION of MIDGET TMAPC voted 9-0-0 (Boyle, Carnes, Collins, Hill, Horner, Jackson, Ledford,
Midget, Pace "aye"; no "nays"; none ”abstaining";
Harmon, Westervelt "absent") to APPROVE the final plat for Redeemer Covenant Church
as recommended by staff.
* * * * * * * * * * * *
PRELIMINARY PLAT:
Airport Storage (2603) (PD-16) (CD-3)
East of the northeast corner of North Sheridan Road and East Virgin Street
Mr. Ledford announced that he
would be abstaining from this item.
Staff Recommendation:
GENERAL:
The site is located on the north side of Virgin Street east of Lewis Avenue. The subject property is bounded by commercial and industrial uses on the southwest and southeast. Vacant land is present to the east, west and north. The proposed use is mini-storage.
ZONING:
The site is currently zoned CS and IL. The southwest portion of the site is bounded by the CS district; the southeast portion of the site is bounded by the IL district. It is bounded on the east by RS-3 zoning and on the west, north and northeast by IL.
STREETS:
SEWER:
An eight-inch sanitary sewer is present on the east side of Sheridan Road.
WATER:
A ten-inch water line is present on the east side of Sheridan Road.
STORM DRAIN:
Detention drainage and access easements are not addressed by the plat at this time.
UTILITIES:
Utility easements are not indicated.
Staff provides the following information from TAC.
STREETS:
· Somdecerff, Traffic: Book and page references should be shown for the Virgin Street ROW.
· French, Streets: the commercial driveway should be in a maximum of 36’ width. A portion of the existing median will have to be removed to accommodate the access.
SEWER:
· Bolding, PW: An eight-inch sewer is available on the south side of Virgin Street.
WATER:
·
Holdman, PW: Water will have to be extended from the
southwest corner.
STORM DRAIN:
·
McCormick, PW: Detention and easements for access and
maintenance will be required with a PFPI.
Direct drainage to the outside as shown on the plat will not be allowed.
FIRE:
·
Calkins, Fire: A fire hydrant will be required at the
deadend on the north or circulation around the north end of the park sufficient
to accommodate a fire truck will be required.
UTILITIES: No comments.
Staff recommends APPROVAL of the
preliminary plat subject to the following:
None required.
SPECIAL CONDITIONS:
1. Book and Page references should be shown for the Virgin Street ROW.
2. The existing median will be removed to the satisfaction of Public Works. Maximum width of the access is 36’.
3. Detention with appropriate easements will be required. Direct drainage to offsite properties is not allowed.
4. Buildings must be situated to allow circulation around the north end of the park or a hydrant must be installed.
STANDARD CONDITIONS:
1. Utility easements shall meet the approval of the utilities. Coordinate with Subsurface Committee if underground plant is planned. Show additional easements as required. Existing easements shall be tied to or related to property line and/or lot lines.
2. Water and sanitary sewer plans shall be approved by the Public Works Department prior to release of final plat. (Include language for W/S facilities in covenants.)
3. Pavement or landscape repair within restricted water line, sewer line, or utility easements as a result of water or sewer line or other utility repairs due to breaks and failures, shall be borne by the owner(s) of the lot(s).
4. Any request for creation of a Sewer Improvement District shall be submitted to the Public Works Department prior to release of final plat.
5. Paving and/or drainage plans (as required) shall be approved by the Public Works Department.
6. Any request for a Privately Financed Public Improvement (PFPI) shall be submitted to the Public Works Department.
7. A topo map shall be submitted for review by TAC (Subdivision Regulations). (Submit with drainage plans as directed.)
8. Street names shall be approved by the Public Works Department and shown on plat.
9. All curve data, including corner radii, shall be shown on final plat as applicable.
10. Bearings, or true N/S, etc., shall be shown on perimeter of land being platted or other bearings as directed by the Public Works Department.
11. All adjacent streets, intersections and/or widths thereof shall be shown on plat.
12. It is recommended that the developer coordinate with the Public Works Department during the early stages of street construction concerning the ordering, purchase and installation of street marker signs. (Advisory, not a condition for plat release.)
13. It is recommended that the applicant and/or his engineer or developer coordinate with the Tulsa City/County Health Department for solid waste disposal, particularly during the construction phase and/or clearing of the project. Burning of solid waste is prohibited.
14. The owner(s) shall provide the following information on sewage disposal system if it is to be privately operated on each lot: type, size and general location. (This information to be included in restrictive covenants on plat.)
15. All lots, streets, building lines, easements, etc., shall be completely dimensioned.
16. The key or location map shall be complete.
17. A Corporation Commission letter, Certificate of Non-Development, or other records as may be on file, shall be provided concerning any oil and/or gas wells before plat is released. (A building line shall be shown on plat on any wells not officially plugged. If plugged, provide plugging records.)
18. A "Letter of Assurance" regarding installation of improvements shall be provided prior to release of final plat. (Including documents required under 3.6.5 Subdivision Regulations.)
19. Applicant is advised of his responsibility to contact the U.S. Army Corps of Engineers regarding Section 404 of the Clean Waters Act.
20. If the owner is a Limited Liability Corporation (L.L.C.), a letter from an attorney stating that the L.L.C. is properly organized to do business in Oklahoma is required.
21. All other Subdivision Regulations shall be met prior to release of final plat.
The applicant
indicated his agreement with staff’s recommendation.
There were no interested parties wishing to speak.
TMAPC Action; 9 members present:
On MOTION of HORNER TMAPC voted 8-0-1 (Boyle, Carnes, Collins, Hill, Horner, Jackson, Midget, Pace "aye"; no "nays"; Ledford ”abstaining"; Harmon, Westervelt "absent") to APPROVE the preliminary plat for Airport Storage, subject to special conditions and standard conditions as recommended by staff.
* * * * * * * * * * * *
Stone Creek Farms (2594) (PD-17) (CD-6)
West of northwest corner of 51st Street South and 193rd East Avenue
Staff Recommendation:
GENERAL:
The site is located on the north side of 51st Street west of 193rd East Avenue (County Line Road). The area on the north side of 51st Street is primarily vacant and agricultural in use. An existing airstrip which is no longer in use is in the eastern portion of the site. The dividing line between Tulsa and Broken Arrow with Broken Arrow to the south is 51st Street. Multifamily use is to the south.
The proposed use is single-family residential on lots of approximately 55’ x 120’.
ZONING:
The site is currently zoned RS-4. It is bounded on the north by RS-4, on the east by RM-O with CS beyond, on the south across 51st Street by R3, A-1 and R-5C and on the west by AG.
STREETS:
SEWER:
Staff does not have information on sanitary sewer.
WATER:
Staff does not have information on water availability at this time.
STORM DRAIN:
Detention drainage and access easements are indicated with a large Reserve A to the east, assumed to be used for detention area.
UTILITIES:
A 17.5’ easement is indicated along the south, east and west property lines; an 11’ easement is shown along the north boundary line.
Staff provides the following
information from TAC.
STREETS:
· Somdecerff, Traffic: The easternmost street should be named
109th East Place, not Avenue. A 30’ radius return will be required at onto 51Street at both entry streets. The radius point of the ‘eyebrow’ on the east and west streets should be at the intersection of the centerlines, not offset as shown on the plat.
· French: Streets: Reserve B should be described in Section F of the covenants and should not extend past the boundary of the plat. A north/south collector will be required in the future in the vacant area to the west of this plat.
SEWER:
· Bolding, PW: Sewer will be served by Broken Arrow. There is a $700 per acre fee for service.
WATER:
·
Holdman, PW: A 12” line will have to be extended from
the corner of 41st Street and 193rd East Avenue.
STORM DRAIN:
·
McCormick, PW: None.
FIRE:
·
Calkins, Fire: None.
UTILITIES:
·
A Conoco jet fuel line runs along the south boundary,
serving the abandoned airport.
Staff recommends APPROVAL of the preliminary plat
subject to the following:
None.
SPECIAL CONDITIONS:
1. A 30’ radius will be required at intersections with 51st Street.
2. 109th East Avenue should be changed to 109th East Place.
3. The radius point of the eyebrows should be at the intersection of the north/south and east /west streets, not offset as shown.
4. Reserve B should be described in the covenants and should not extend past the limits of the addition.
5. The jet fuel line along the southern boundary should be addressed.
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.
Applicant’s Comments:
Barrick Rosenbaum, 1913
West Tacoma, Suite C, Broken Arrow, Oklahoma 74012, stated that he has been
discussing the waterline issue with staff and the City of Broken Arrow. There were some agreements regarding
servicing the waterline from a twelve-inch waterline located on the south side
of 51st Street. He reported
that Alan Holman, Development Services, indicated that the applicant could talk
with the City of Broken Arrow to get approval to tie into the waterline on 51st
Street. If Broken Arrow approves this
request, then the City of Tulsa Utility Authority would grant that
permission. He stated that he has not
received the approval from the City of Broken Arrow at this time.
Mr. Rosenbaum stated that if the City of Broken Arrow does not allow him
to tie into the 51st Street waterline, then he understands that he
will have to put the waterline in off of 41st Street.
TMAPC Comments:
Mr. Boyle asked Mr. Rosenbaum if he understands that by approving the
preliminary plat the waterline issues are not really addressed. In response, Mr. Rosenbaum answered
affirmatively.
TMAPC Action; 9 members present:
On MOTION of MIDGET TMAPC voted 9-0-0 (Boyle, Carnes, Collins, Hill, Horner, Jackson, Ledford,
Midget, Pace "aye"; no "nays"; none ”abstaining";
Harmon, Westervelt "absent") to APPROVE the preliminary plat for Stone Creek Farms,
subject to special conditions and standard conditions as recommended by staff.
* * * * * * * * * * * *
PLAT WAIVER:
Z-6796 (1302) (PD-25) (CD-1)
West of the northwest corner of 46th Street North and North Cincinnati Place
Staff Recommendation:
GENERAL:
The site is located on the north side of 46th Street North, east of Cincinnati.
The site is lot 14 and a portion of lot 15 of the Fairhill 2nd Addition.
PURPOSE:
ZONING:
The site is currently zoned CS. (Council action to change zone from RS-3/OL to CS on December 7).
STREETS:
SEWER:
An eight-inch sanitary sewer is present to the east.
WATER:
A six-inch water is available on the east side.
STORM DRAIN:
Detention: drainage and access easements are not addressed by the request.
UTILITIES:
Utility easements are not indicated.
Staff provides the following information
from TAC.
STREETS:
· Somdecerff, Traffic: eight feet should be dedicated along the 46th Street ROW taking the ultimate width to 58’.
· French: Streets: A Limits of No Access should be filed along 46th Street.
SEWER:
· Bolding, PW: Sanitary sewer is present to the west. Specific location of the line serving the parcel to the east will be required.
WATER:
·
Holdman, PW: No
comments.
STORM DRAIN:
·
McCormick, PW:
No comments.
FIRE:
·
Calkins. Fire:
No comments.
UTILITIES:
·
Bryant, PSO: Secondary poles will have to be relocated.
Based on the TAC
discussion and the following checklist which reflects the policies of
TMAPC. Staff recommends approval of the request for plat waiver with the following conditions:
1.
Right of Way
Dedication on 46th Street
2.
Limits of No
Access along 46th Street
It shall be the policy of the Tulsa Metropolitan
Area Planning Commission that all requests for plat waivers shall be evaluated
by the staff and by the Technical Advisory Committee based on the following
list. After such evaluation, TMAPC Staff shall make a recommendation to the
TMAPC as to the merits of the plat waiver request accompanied by the answers to
these questions:
A YES answer to the following 3 questions would generally be
FAVORABLE to a plat waiver:
Y N
1) Has property previously been platted? 4 o
2) Are there restrictive covenants contained in a previously
filed plat? 4 o
3) Is property adequately described by surrounding platted
properties or street R/W? 4 o
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? 4 o
5) Will restrictive covenants be filed by separate instrument? o 4
6) Infrastructure requirements
a) Water
i) Is a main line water extension required?