Tulsa Metropolitan Area Planning Commission

Minutes of Meeting No. 2261

Wednesday, January 3, 2001, 1:30 p.m.

Francis Campbell City Council Room

Plaza Level, Tulsa Civic Center

 

Members Present      Members Absent     Staff Present      Others Present

Boyle                                Horner                           Beach                      Boulden, Legal

Carnes                                                                    Bruce                          Counsel

Harmon                                                                   Dunlap                    

Hill                                                                            Huntsinger

Jackson, Secretary                                                Matthews

Ledford                                                                    Stump

Midget                                                                     Brierre

Pace                                                                        Armer

Selph

Westervelt, Chair

 

 

The notice and agenda of said meeting were posted in the Reception Area of the INCOG offices on Friday, December 29, 2000 at 2:00 p.m., posted in the Office of the City Clerk, as well as in the office of the County Clerk.

 

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

 

Minutes:

Approval of the minutes of November 29, 2000 Meeting No. 2258

On MOTION of BOYLE the TMAPC voted 7-0-0 (Boyle, Carnes, Harmon, Hill, Ledford, Selph, Westervelt “aye”; no “nays”; none “abstaining”; Horner, Jackson, Midget, Pace “absent“) to APPROVE the minutes of the meeting of November 29, 2000 Meeting No. 2258.

 

* * * * * * * * * * * *

 

REPORTS:

Chairman’s Reports:

Mr. Westervelt stated that he would like to welcome County Commissioner John Selph back to the Planning Commission.

 


Director’s Report:

Mr. Stump reported that there are several items on the City Council agenda for January 4, 2001.

 

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SUBDIVISIONS

LOT-SPLITS FOR WAIVER OF SUBDIVISION REGULATIONS:

 

L-19164 – Tulsa Development Authority (3602)                     (PD-2) (CD-1)

601 – 617 North Cheyenne Avenue

 

TMAPC Comments:

Mr. Westervelt stated that he received a letter of support from Emily Warner of Brady Heights Neighborhood (Exhibit A-1).

 

Mr. Midget and Ms. Pace in at 1:31 p.m.

 

Staff Recommendation:

The applicant has applied to reconfigure numerous existing lots (Exhibit B) into four proposed tracts (Exhibit A).  Tracts A and C will result with more than three side lot lines and the applicant is seeking a waiver of Subdivision Regulations that each tract have no more than three side lot lines. 

 

Mr. Jackson in at 1:32 p.m.

 

The Technical Advisory Committee reviewed this lot-split on December 21, 2000, and Southwestern Bell requested that 11’ back-to-back easements be granted running north and south between Tracts A, B, C, and Tract D shown on Exhibit A.  The Historic Preservation Commission has approved the three new dwellings that will be constructed on Tracts A, B, and C.

 

Staff believes this lot-split would not have an adverse effect on the surrounding properties and would therefore recommend APPROVAL of the waiver of the Subdivision Regulations and of the lot-split with the condition that the 11’ back-to-back easements are given to Southwestern Bell.

 

Mr. Beach stated that the dedication easement between Tracts B, C and D has been revised since the TAC meeting.  He indicated that the applicant is in agreement to dedicate a total of 20 feet of utility easement.  Staff recommends approval of the waiver of the Subdivision Regulations and the lot-split with the condition that a total of 20 feet of easement be dedicated as utility easement and to the satisfaction of Southwestern Bell.

 


The applicant indicated his agreement with staff’s recommendation.

 

Interested Parties Comments:

Emily Warner, 1011 North Cheyenne, Tulsa, Oklahoma 74106 stated that she does support the lot-split.  Ms. Warner thanked the Planning Commission for their support of the Brady Heights Historic Preservation zoning.

 

TMAPC Action; 10 members present:

On MOTION of BOYLE TMAPC voted 9-0-1 (Boyle, Carnes, Harmon, Hill, Ledford, Midget, Pace, Selph, Westervelt "aye"; no "nays"; Jackson ”abstaining"; Horner "absent") to APPROVE the waiver of Subdivision Regulations and the lot-split for L-19164 subject to conditions as recommended by staff.

 

* * * * * * * * * * * *

 

 

LOT-SPLITS FOR RATIFICATION OF PRIOR APPROVAL:

L-19061 – Jon Hoopert (1693)                                                     (PD-6) (CD-9)

3959 East 31st Street

 

L-19098 – Sisemore Weisz & Associates, Inc.                        (PD-18) (CD-5)

12480 East 55th Street South

 

L-19165 – Jacki Sue Vanpelt Adney (3623)                             (PD-14) (County)

13204 North 91st East Avenue

 

L-19170 – Tanner Consulting, LLC (1683)                               (PD-18) (CD-8)

Northwest corner East 91st Street & Yale Avenue

 

Mr. Midget out at 1:34 p.m.

 

Staff Recommendation:

Mr. Beach indicated that all these lot-splits are in order and staff recommends APPROVAL.

 

TMAPC Action; 9 members present:

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

 

* * * * * * * * * * * *

 

 


FINAL PLAT:

4M Vocation School (1223)                                                          (PD-16) (CD-6)

North of the northwest corner of Mingo Road and 46th Street North

 

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

 

Staff Recommendation:

This plat consists of one lot in one block on 7.08 acres.  This is a replat of Lots 5, 6 and 7, Mingo Addition.  The property is currently vacant and will be developed for use as a welding school and shop with dormitories for students.

 

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.

 

TMAPC Action; 10 members present:

On MOTION of BOYLE TMAPC voted 10-0-0 (Boyle, Carnes, Harmon, Hill, Jackson, Ledford, Midget, Pace, Selph, Westervelt "aye"; no "nays"; none ”abstaining"; Horner "absent") to APPROVE the final plat for 4M Vocation School as recommended by staff.

 

* * * * * * * * * * * *

 

 

Shelter Place – (CO-5620-SP-10) (2483)                                   (PD-18) (CD-8)

East of southeast corner of East 91st Street South and South Memorial Drive

 

Staff Recommendation:

Mr. Beach stated that this plat is in order and all release letters are in and staff recommends APPROVAL of this final plat subject to the final Legal Department review.

 

The applicant indicated his agreement with staff’s recommendation.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 10 members present:

On MOTION of MIDGET TMAPC voted 10-0-0 (Boyle, Carnes, Harmon, Hill, Jackson, Ledford, Midget, Pace, Selph, Westervelt "aye"; no "nays"; none ”abstaining"; Horner "absent") to APPROVE of the final plat for Shelter Place, subject to final Legal review.

 

* * * * * * * * * * * *

 

 


PRELIMINARY PLAT:

Faith Assembly Church - (3224)                                                 (PD 14) (County)

13502 North 119th East Avenue

 

Staff Recommendation:

This plat consists of one lot in one block on 5.0 acres. It is the site of an existing church with immediate plans for expansion.

 

The following were discussed December 21, 2000 at the Technical Advisory Committee (TAC) meeting:

 

1.      Zoning:

·        The Board of Adjustment recently approved a special exception to permit expansion of the existing church and accessory uses. This approval triggered the platting requirement. The attached plat shows the existing and proposed features of the site.

2.      Streets/access:

3.      Sewer:

·        The application stated that a septic system will be used. The property is about five acres, which is larger than the minimum size requirements of the ODEQ for individual on-site sewage treatment.

·        There were no comments.

4.      Water:

·        The application states that the property will be served by RWD #3.

·        A representative from RWD #3 stated that there is an existing eight-inch waterline along 136th Street. They requested a 20-foot easement along the new street frontage.

5.      Storm Drainage:

·        The property drains from northwest to southeast to 119th East Avenue.

·        Rains, County Engineer, was not present. There were no comments.


6.      Utilities:

7.      Other:

 

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 for a total of 50 feet south of the centerline on 136th Street and additional right-of-way for a total of 50 feet on 119th East 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 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.

 

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; 10 members present:

On MOTION of MIDGET TMAPC voted 10-0-0 (Boyle, Carnes, Harmon, Hill, Jackson, Ledford, Midget, Pace, Selph, Westervelt "aye"; no "nays"; none ”abstaining"; Horner "absent") to APPROVE the preliminary plat for Faith Assembly Church, subject to special conditions and standard conditions as recommended by staff.

 

* * * * * * * * * * * *

 

 

PLAT WAIVER:

Z-4100 - (1183)                                                             (PD-18) (CD-8)

Southwest corner of South Memorial Drive and East 71st Street South

 

Staff Recommendation:

The property became subject to plat when it was rezoned to CS in November 1972. A site plan showing the proposed new improvements is attached along with a current survey of the property.

 


Staff Comments and Recommendation:

The following checklist was completed at the TAC meeting on December 21. Based on the fact that the property has never been platted and at least three separate instruments would be need to satisfy requirements for this development, 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?                                2        *

iii)    Are additional easements required?                                        2        *

 

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?                                        *        

 

7)     Floodplain

a)     Does the property contain a City of Tulsa (Regulatory)

         Floodplain?                                                                                       *        

b)     Does the property contain a F.E.M.A. (Federal) Floodplain?     *        

 

8)     Change of Access

a)     Are revisions to existing access locations necessary?               3        *

 

9)     Is the property in a P.U.D.?                                                                    *        

a)     If yes, was plat recorded for the original P.U.D.?                        NA


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.?                            NA

 

Foot Notes:

1.      Public Works Department is requesting 15’ additional right-of-way parallel to the diagonal property line at the NE corner.

2.      If the Building Codes require the building to be sprinkled, a separate fire line with easement will be required.

3.      Access controls should be required along both arterial streets.

4.      Separate instruments would be needed for the right-of-way dedication, water line easement, and access controls if the plat were waived.

 

Applicant’s Comments:

Jack Cox, 7935 East 57th, Tulsa, Oklahoma 74145, stated that he agreed to meet the two requirements that were discussed during the TAC meeting.  He indicated that everything else was favorable.

 

Mr. Cox stated that he discussed an easement with Mr. Somderceff in lieu of dedicating a corner.  He explained that recently the City sold the subject property to his client for $14.00 per square foot.  It would be a little hard for the City to now go back to the purchaser and say that part of the property has to be dedicated back to the City.  He indicated that Mr. Somderceff agreed to easement in lieu of a dedication.

 

Mr. Cox commented that he doesn’t understand why staff recommends denial when during the TAC meeting it was recommended approval with the two conditions.

 

TMAPC Comments:

Mr. Carnes asked staff to address Mr. Cox’s statements.  In response, Mr. Beach stated that he doesn’t have any information regarding a discussion between Mr. Cox and Mr. Somderceff.  Mr. Beach commented that it was stated very clearly that as a matter of policy the Transportation Department wants the dedication of right-of-way.  Mr. Beach stated that he was not part of the conversation between Mr. Cox and Mr. Somderceff.

 

Mr. Stump stated that staff feels that the record would be better served with a recorded plat rather than separate instruments.

 

Mr. Boyle stated that this application has a lot of problems and staff is correct to recommend denial of the plat waiver.

 


TMAPC Action; 10 members present:

On MOTION of BOYLE TMAPC voted 10-0-0 (Boyle, Carnes, Harmon, Hill, Jackson, Ledford, Midget, Pace, Selph, Westervelt "aye"; no "nays"; none ”abstaining"; Horner "absent") to DENY the plat waiver for Z-4100 as recommended by staff.

 

* * * * * * * * * * * *

 

 

Z-6766 - (1183)                                                                                 (PD 18) (CD 8)

Southwest corner of East 71st Street and South 69th East Avenue

 

Staff Recommendation:

A site plan showing the proposed new improvements is attached. However, only the easterly portion was rezoned to CS in June 2000 and is currently subject to plat. That portion includes the former alignment of South 69th East Avenue and the area between it and the new alignment of South 69th East Avenue.

 

Staff Comments and Recommendation:

The following checklist was completed at the TAC meeting on December 21. Based on the fact that the property has previously been platted and the only requirement identified in the checklist below is the change of access, Staff recommends approval 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?                                                       *        

5)         Would restrictive covenants or deeds of dedication be

needed by separate instrument?                                                              *

6)         Infrastructure requirements

b)     Water

i)        Is a main line water extension required?                                  *        

ii)      Is an internal system or fire line required?                                *        

iii)    Are additional easements required?                                        *        

 


c)      Sanitary Sewer

i)        Is a main line extension required?                                            *        

ii)      Is an internal system required?                                                  *        

iii)    Are additional easements required?                                        *        

 

d)     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?                                        *        

 

7)         Floodplain

a)         Does the property contain a City of Tulsa

(Regulatory) Floodplain?                                                      *        

b)         Does the property contain a F.E.M.A. (Federal)

Floodplain?                                                                            *        

 

8)         Change of Access

a)         Are revisions to existing access locations necessary?    1        *

 

9)         Is the property in a P.U.D.?                                                              *        

a)         If yes, was plat recorded for the original P.U.D.?              NA

 

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.?                 NA

 

Foot Notes:

1.                                                                              Limits of access would not normally be required along the non-arterial street. But the previous plat established the access and they would need to be modified for this development. This can be done by the routine Change-of-Access process.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 10 members present:

On MOTION of MIDGET TMAPC voted 10-0-0 (Boyle, Carnes, Harmon, Hill, Jackson, Ledford, Midget, Pace, Selph, Westervelt "aye"; no "nays"; none ”abstaining"; Horner "absent") to APPROVE the plat waiver for Z-6766 as recommended by staff.

 

* * * * * * * * * * * *

 

 


Z-6785 - (1292)                                                                                 (PD-7) (CD-2)

14th Place to 14th & Carthage Avenue

 

Staff Recommendation:

This property was rezoned in October 2000 to OM and will be developed as an architectural office. Attached is a site plan, and copies of water, sewer, and storm water atlases.

 

Staff Comments and Recommendation:

The following checklist was completed at the TAC meeting on December 21. Based on the fact that the property has previously been platted and the only separate instrument identified in the checklist below is the right-of-way dedication, Staff recommends approval 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?                                                                          *