Tulsa Metropolitan Area Planning Commission

Minutes of Meeting No. 2269

Wednesday, March 28, 2001, 1:30 p.m.

Francis Campbell City Council Room

Plaza Level, Tulsa Civic Center

 

Members Present

Members Absent

Staff Present

Others Present

Boyle

Selph

Beach

Boulden, Legal

Carnes

 

Huntsinger

 

Harmon

 

Stump

 

Hill

 

 

 

Horner

 

 

 

Jackson

 

 

 

Ledford

 

 

 

Midget

 

 

 

Pace

 

 

 

Westervelt

 

 

 

 

 

The notice and agenda of said meeting were posted in the Reception Area of the INCOG offices on Monday, March 26, 2001 at 9:20 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 Harmon called the meeting to order at 1:30 p.m.

 

Minutes:

Approval of the minutes of March 7, 2001, Meeting No. 2267

On MOTION of CARNES the TMAPC voted 7-0-3 (Carnes, Harmon, Hill, Horner, Jackson, Midget, Pace “aye”; no “nays”; Boyle Ledford Westervelt “abstaining”; Selph “absent”) to APPROVE the minutes of the meeting of March 7, 2001, Meeting No. 2267.

 


REPORTS:

Committee Reports:

Community Participation Committee:

Mr. Harmon reported that he was unable to attend the Brookside Infill meeting, but he does intend to attend next week.

 

Comprehensive Plan Committee

Mr. Ledford reported that the Comprehensive Plan Committee had a worksession this morning in order to be briefed on the proposed amendments to the TMAPC Major Street and Highway Plan.

 

Mr. Ledford further reported that the Comprehensive Plan Committee reviewed the CIP’s and found them to be in accordance with the Comprehensive Plan.

 

* * * * * * * * *

 

 

Director’s Report:

Mr. Stump reported that there are two items on the City Council agenda for Thursday, March 29, 20001.

 

* * * * * * * * *

 

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

 

 

SUBDIVISIONS

PRELIMINARY PLAT:

Academy Sports and Outdoors – (Z-5537-SP-3) (784)        (PD-18) (CD-8)

Northeast of East 81st Street and South U.S. Highway 169

 

Staff Recommendation:

This plat consists of one lot in one block on 26.07 acres. It will be developed as a retail recreation and sporting goods store with 67,522 SF of floor area. The property is irregular in shape and wraps around a five-acre square that contains a PSO substation.

 

The following were discussed March 15, 2001 at the Technical Advisory Committee (TAC) meeting:

 

  1. Zoning:

  1. Streets/access:

3.    Sewer:

·       Sanitary sewer appears to run along the north of the property.

·       Payne, Wastewater, stated that no other utilities would be permitted in the existing 30’ sanitary sewer easement along the north property line. He also stated that a 15’ easement would be needed for sewer along the west property line.

4.    Water:

·       Holdman, Water, stated that a looped water main would be required.

5.    Storm Drainage:

·       FEMA Floodplain limits are shown and a 30’ drainage easement is proposed.

·       McCormick, Stormwater, stated that the floodplain must be placed in a dedicated reserve.

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.     Additional right-of-way dedication to make 25’ radii at the northeast and southeast corners of the intersection of 107th East Avenue and 79th Place.  All new right-of-way should be labeled “dedicated by this plat” and all existing right-of-way should show book and page numbers.

2.     Change covenant language to properly dedicate the street rights-of-way.

3.     Add 15’ sewer easement along west property line.

4.     Add looped water main with easement satisfactory to the Department of Public Works.

5.     Add dedicated reserve for the floodplain.

6.     Change open space to reserve areas and include reserve language in the deed of dedication and restrictive covenants.

7.     Delete all site plan information not required on a subdivision plat.

 

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.

 


Applicant’s Comments:

John Moody, 7146 South Canton Avenue, Tulsa, Oklahoma 74136-6303, stated that he is in agreement with the staff recommendation, but there are some issues that he intends to work out with Public Works Department regarding some of their requirements outside of the Subdivision Regulations.

 

Mr. Moody informed the Planning Commission that a standard 60’ width of right-of-way will be dedicated and the original proposed landscaping would change.

 

Mr. Beach stated that Mr. Moody’s comments raises questions for staff.  The strip of land he is discussing is a fixed width and he would like to know what would become of the remainder outside of the 60-foot right-of-way after it is dedicated.  In response, Mr. Moody stated that the street will be moved to abut the PSO right-of-way and a 12-foot area that would be an open space landscaped area.  Mr. Stump stated that staff would have a problem with that proposal if it denies access to the property east of the road.  Mr. Moody stated that the property to the east has access because he is stubbing the street along that line.  Mr. Moody indicated that it is not his intention to deny the east property access, but to make the street work.

 

Mr. Boyle asked staff if these issues should be worked out before coming to the Planning Commission as a preliminary plat.  In response, Mr. Stump stated that the final plat is supposed to agree with the approved preliminary plat.  If the Planning Commission states that the right-of-way can be 60 feet rather than 70 feet, then the issue is settled at this point.

 

Mr. Moody requested that the Planning Commission approve 60-foot right-of-way.  Mr. Stump stated that the Corridor Site Plan, which was approved, shows the entire area being right-of-way and staff would be more comfortable with it being shown at 70 feet and landscape ten feet of it or approve a landscaping easement.

 

Mr. Stump stated that what the staff does not want is to have a reserve strip and one side of the street deny the abutting property access to the street.  Mr. Stump explained that staff does not want there to be a public street that the east property may not be able to access.

 

Mr. Moody explained that he is proposing to move the street so that staff’s concerns do not occur.  Mr. Stump stated that if the applicant can assure the staff that reasonable access will be provided to both abutting property owners, then staff would not object to it.

 


Mr. Harmon asked staff if the Planning Commission approved the preliminary plat per staff recommendation, Mr. Moody then could show clearly why there is an advantage to changing it at final plat, and the Planning Commission could approve the final plat with a slight difference to the preliminary plat.  In response, Mr. Stump answered affirmatively.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 9 members present:

On MOTION of BOYLE, TMAPC voted 7-2-0 (Boyle, Carnes, Harmon, Hill, Ledford, Pace, Westervelt "aye"; Jackson, Midget "nays"; none ”abstaining" Horner, Selph "absent") to APPROVE the preliminary plat for Academy Sports and Outdoors, subject to special conditions and standard conditions as recommended by staff.

 

* * * * * * * * *

 

Mr. Horner in at 1:46 p.m.

 

 

Calvary United Pentecostal Church - (0294)                 (PD-17) (CD-6)

Southwest of East Admiral Place and South 177th East Avenue

 

This plat consists of one lot in one block on 18.9 acres.  It will be developed as a church.

 

The following were discussed March 15, 2001 at the Technical Advisory Committee (TAC) meeting:

 

  1. Zoning:
  1. Streets/access:

3.    Sewer:

·       There is no sanitary sewer in the area. The property will use a septic system.

·       Payne, Wastewater, stated that the septic system and lateral field need to be placed in an easement. He also stated that a 17.5’ utility easement is needed along the 177th East Avenue frontage.

4.    Water:

·       There were no comments or concerns.

5.    Storm Drainage:

·       There’s an existing pond on the east end of the property and a detention easement shown on the plat.

·       McCormick, Stormwater stated that the ponds need to be placed in an overland drainage easement and an access easement needs to be added to get to the detention easement.

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.             Additional language added to the covenants making the limits of no access enforceable by the City.

2.             Add 17.5’ utility easement along the 177th East Avenue frontage.

3.             Add access easement for access to the detention easement.  Add overland drainage easement around existing ponds.

 

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.

 

  1. 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.)

 

  1. 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).

 


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

  1. 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.)

 

  1. 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.

 

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

 

  1. 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.)

 

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

 


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

 

  1. The key or location map shall be complete.

 

  1. 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.)

 

  1. 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.)

 

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

 

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

 

* * * * * * * * *

 

 

Mr. Ledford stated that would be abstaining from the following item.

 

Lewis 53 Office Park North - PUD 502-A (3293)         (PD-18) (CD-9)

Northeast corner South Lewis Avenue and East 53rd Street South

 

This plat consists of two lots in one block on 1.09 acres. It will be developed with office uses.

 

The following were discussed March 15, 2001 at the Technical Advisory Committee (TAC) meeting:

 


  1. Zoning:
  1. Streets/access:

3.    Sewer:

·       There were no comments or concerns.

4.    Water:

·       There were no comments or concerns.

5.    Storm Drainage:

·       Two detention easements are shown on the plat.

·       McCormick, Stormwater stated that the detention easements need to be moved out of the 17.5’ utility easements and the standard detention language needs to be added to the covenants.

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. Give book and page numbers for all existing street rights-of-way.
  2. Move detention easements out of utility easements.
  3. Add standard detention language to the covenants.
  4. Add a 17.5’ utility easement along the north property line.  Add “installation and” need to be inserted in Section E of the covenants between the words “necessary” and “maintenance” in the second line.

 


Standard Conditions:

1.     All conditions of PUD 502-A shall be met prior to release of the final plat, including any applicable provisions in the covenants or on the face of the plat. Include PUD approval date and references to Section 1100-1107 of the Zoning Code in the covenants.

 

2.     Utility easements shall meet the approval of the utilities. Coordinate with Subsurface Committee if underground plant is planned. Show additional easements as required. Existing easements shall be tied to or related to property line and/or lot lines.

 

3.     Water and sanitary sewer plans shall be approved by the Public Works Department prior to release of final plat.  (Include language for W/S facilities in covenants.)

 

4.     Pavement or landscape repair within restricted water line, sewer line, or utility easements as a result of water or sewer line or other utility repairs due to breaks and failures, shall be borne by the owner(s) of the lot(s).

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 


13.  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.)

 

14.  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.

 

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

 

16.  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.)

 

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

 

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

 

19.  The key or location map shall be complete.

 

20.  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.)

 

21.  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.)

 

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

 

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

 

Applicant’s Comments:

Jerry Ledford, Jr., Tulsa Engineering, 8209 East 63rd Place, Tulsa, Oklahoma 74133-2317, stated that unfortunately this project was unrepresented at the TAC meeting.  There are two items he would like to discuss on the staff recommendation, moving the detention easement out of the utility easement and the 17-½ foot utility easement along the north property line.  He requested the


latitude to meet and work these issues out with Public Works and Curtis Bryant of PSO.

 

TMAPC Comments:

Mr. Westervelt stated that there is nothing that the Planning Commission could do to prevent the applicant from discussing these issues with the appropriate parties.  This could be worked out before the final plat.  Mr. Ledford, Jr. stated that if he has convinced the utility company or Public Works that a ten-foot utility easement is all that is necessary, he would like that to be justification for that approval and preclude the special condition.

 

Mr. Harmon stated that the Planning Commission has approved preliminary plats in the past and then the applicant would have to show cause for change.  Mr. Ledford, Jr. stated that he understands, but he wanted to be on the record.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 10 members present:

On MOTION of WESTERVELT, TMAPC voted 9-0-1 (Boyle, Carnes, Harmon, Hill, Horner, Jackson, Midget, Pace, Westervelt "aye"; no "nays"; Ledford ”abstaining"; Selph "absent") to APPROVE the preliminary plat for Lewis 53 Office Park North, subject to special conditions and standard conditions as recommended by staff.

 

* * * * * * * * *

 

 

EXTENSION OF TIME TO FILE A PLAT

Interstate Batteries (1183)                               (PD-18) (CD-8)

7102 South Memorial Drive

 

This application is made to facilitate the start of construction of a retail automotive-related parts store at this location.  The property became subject to plat when it was rezoned to CS in November 1972.  A plat waiver request was denied by the TMAPC on January 3, 2001.  A preliminary plat was approved on February 28, 2001.  The draft final plat has been circulated and several of the required release letters have been received.

 

The applicant stated that his client requested that he pursue all avenues to obtain a building permit as soon as possible.  Under that direction, he made this request.

 

The TAC reviewed the request on March 15, 2001.  None were in support of the extension of time to file.

 


Because of the simplicity of this plat, TAC’s unanimous opposition, and the imminent completion of the final documents and approvals, staff recommends denial of the extension.

 

Mr. Beach stated that he has an updated report and that all the release letters have been received and he anticipates bringing the final plat to the Planning Commission on April 4, 2001.

 

TMAPC Comments:

Mr. Boyle asked staff what exactly is it that the applicant is requesting.  In response, Mr. Beach stated that staff has loosely referred this type of request as a temporary plat waiver in the past.  Mr. Beach explained that the applicant would like the Planning Commission to grant the ability to obtain a building permit before filing the final plat.  Mr. Boyle commented that what the applicant is actually asking for is the approval to do certain things while filing the plat.

 

Mr. Stump stated that this is one of the issues that has been proposed to be modified in the Subdivision Regulations.  In response, Mr. Boyle stated that he is not sure the Planning Commission has the power to grant this request.  Mr. Stump stated that there appears to be no reason to grant an extension of time because the final plat will be before the Planning Commission next week.

 

The applicant was not present.

 

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, Horner, Jackson, Ledford, Midget, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Selph "absent") to DENY the extension of time to file plat for Interstate Batteries as recommended by staff.

 

* * * * * * * * *

 

 

ZONING PUBLIC HEARING

Application No.:  PUD-589-2                                        minor amendment

Applicant:  Glenn Tucker                                               (PD-6) (CD-9)

Location:  Northeast corner of East 41st Street and South Xanthus

 

Staff Recommendation:

The applicant is requesting an amendment from development standards in PUD–589 to allow a setback of 70 feet from the centerline of 41st Street rather than the required 80-foot setback per the approved Planned Unit Development.