Tulsa Metropolitan Area Planning Commission

Minutes of Meeting No. 2278

Wednesday, June 27, 2001, 1:30 p.m.

Francis Campbell City Council Room

Plaza Level, Tulsa Civic Center

 

Members Present

Members Absent

Staff Present

Others Present

Boyle

Carnes

Beach

Boulden, Legal

Harmon

Horner

Bruce

 

Hill

Jackson

Dunlap

 

Ledford

Selph

Huntsinger

 

Midget

 

Stump

 

Pace

 

 

 

Westervelt

 

 

 

 

The notice and agenda of said meeting were posted in the Reception Area of the INCOG offices on Monday, June 25, 2001 at 10:00 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, Chair Westervelt called the meeting to order at 1:35 p.m.

 

REPORTS:

Chairman’s Reports:

Mr. Westervelt stated that there has been a request for a timely continuance for PUD-360-A-8 (minor amendment).

 

TMAPC Action; 6 members present:

On MOTION of BOYLE, the TMAPC voted 6-0-0 (Boyle, Harmon, Hill, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Carnes, Horner, Jackson, Midget, Selph "absent") to CONTINUE the minor amendment for PUD-360-A-8 to July 11, 2001 at 1:30 p.m.

 

* * * * * * * * *

 

 

Committee Reports:

Rules and Regulations Committee

Mr. Boyle reported that the Rules and Regulations Committee had a meeting prior to today’s meeting and considered two items. primarily a City Council Consensus regarding adult establishments and continued considerations with Subdivision Regulations.  The committee acted and referred both matters to the full Planning Commission.

 

* * * * * * * * *

 

Director’s Report:

Mr. Stump reported that there is one item on the City Council agenda and a second reading on the Infill Task Force Amendments.

 

* * * * * * * * *

 

 

SUBDIVISIONS

LOT-SPLITS FOR WAIVER OF SUBDIVISION REGULATIONS:

 

L-19222 – Gene Crawford                              (PD-23) (County)

Location:  6505 West 42nd Street

 

Staff Recommendation:

The applicant has applied to split his property into two tracts.  Both tracts meet the RS bulk and area requirements; however, the proposed configuration will result with Tract A having more than three side-lot lines.  Therefore, 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.

 

There were no interested parties wishing to speak.

 

The applicant indicated his agreement with staff’s recommendation.

 

TMAPC Action; 6 members present:

On MOTION of HARMON, TMAPC voted 6-0-0 (Boyle, Harmon, Hill, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Carnes, Horner, Jackson, Midget, Selph "absent") to APPROVE the waiver of Subdivision Regulations and of the lot-split as recommended by staff.

 

* * * * * * * * *

 

 

FINAL PLAT:

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

NE 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 covenants state that the maximum sign height is 30 feet but the approved corridor site plan sets a limit of 25 feet.

 

All releases are in and the plat is in order.  Staff recommends approval of the final plat subject to modifying the covenants to reflect the approved maximum sign height of 25 feet.

 

There were no interested parties wishing to speak.

 

The applicant indicated his agreement with staff’s recommendation.

 

TMAPC Action; 6 members present:

On MOTION of HARMON, TMAPC voted 6-0-0 (Boyle, Harmon, Hill, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Carnes, Horner, Jackson, Midget, Selph "absent") to APPROVE the final plat for Academy Sports and Outdoors, subject to conditions as recommended by staff.

 

* * * * * * * * *

 

 

Commerce Center (599-A) (684)                           (PD 18) (CD 8)

Southwest Corner of 61st Street South and 104th East Avenue

 

Staff Recommendation:

This plat consists of three lots in one block on 5.8 acres.  The lots will be accessed via 61st Street to the north and 104th East Avenue to the East.  The PUD allows office and hotel use as well as the existing used car sales.

 

Releases have been received and the plat is substantially in order.  Staff recommends approval of the final plat subject to the following:

 

1. Revision to Deeds of Dedication per City of Tulsa Legal Department.

 

There were no interested parties wishing to speak.

 

The applicant indicated his agreement with staff’s recommendation.

 

TMAPC Action; 6 members present:

On MOTION of HARMON, TMAPC voted 6-0-0 (Boyle, Harmon, Hill, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Carnes, Horner, Jackson, Midget, Selph "absent") to APPROVE the final plat for Commerce Center, subject to conditions as recommended by staff.

 

* * * * * * * * *

 

 

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

 

PRELIMINARY PLAT:

Osage Center - (3402, 3502)                                   (PD 11) (CD 1)

Country Club Drive/Osage Drive from Latimer to Haskell Streets

 

Staff Recommendation:

This plat consists of three lots in three blocks on 19.08 acres.  This is a redevelopment project of the Tulsa Housing Authority and will contain multifamily residential uses.  Existing multifamily residences will be removed.

 

The following were discussed May 17, 2001 at the Technical Advisory Committee (TAC) meeting:

 

1.

Zoning:

 

Staff: The Board of Adjustment approved a special exception to permit Use Unit 8, among others, on this property. This invokes the platting requirement. In addition, the Planning Commission approved a lot-split involving parts of this property on the condition that this plat be processed and filed of record.

No distinction is made between existing and proposed easements or rights-of-way. Are the existing being vacated and replaced? If not, they need to be shown with book and page numbers.

2.

Streets/access:

 

Staff: Some of the existing streets are being reconfigured.

 

Public Works Traffic & Transportation: Concerned that no collector streets are shown but would concede to a waiver of Subdivision Regulations considering the surrounding area and the nature of this development; change covenants to say Osage County instead of Tulsa County; use standard street dedication language; show pedestrian easement to pedestrian bridge; show limits of no access (LNA) at Tisdale Expressway and add LNA language in covenants; provide at least two physical breaks in Country Club Drive.

 

Applicant: Gave overview of project. All underlying rights-of-way and easements will be vacated. Will request waiver of requirement to provide collector streets.

3.

Sewer:

 

Staff: Sanitary sewer exists throughout the site and some new is being proposed.

 

Public Works Waste Water: Any 10’ utility easement with sewer needs to be 15’; delete 10’ building line in larger utility easement to avoid miscommunication.

 

Applicant: Consent.

4.

Water:

 

Staff: Water exists throughout the site and some new is being proposed.

 

Public Works Water: Proposed 10’ utility easement at Haskell needs to be 15’; delete 15’ restricted waterline easement in Lot 1, Block 3.

 

Applicant: Consent.

5.

Storm Drainage:

 

Staff: Storm sewer exists throughout the site and some new is proposed.

 

Public Works Stormwater: Put all storm sewers in 15’ easements; none are to be located under buildings; overland drainage easement will be required; detention will be required for all drainage flowing west.

 

Applicant: Consent.

6.

Utilities:

 

Staff: Utilities are available throughout the site and new utility easements are proposed.

 

No comments from any franchise utilities.

 

Staff recommends approval of the waiver of the Subdivision Regulations and of the preliminary plat subject to the special and standard conditions below.

 

Waivers of Subdivision Regulations:

 

1.

Section 4.2.1. requires new streets to conform to the Major Street and Highway Plan (MSHP). The streets proposed on this plat are designated Residential Collectors with a minimum right-of-way of 60’.  The applicant wants a waiver to provide 50’ of right-of-way.

Special Conditions:

 

1.

Modify covenants as needed to provide standard language and site-specific language where applicable.

2.

Add limits of no access provisions along Tisdale Expressway.

3.

Provide pedestrian easement to connect project with existing pedestrian bridge.

4.

Modify design of Country Club Drive to provide at least two physical interruptions to calm traffic.

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 therefore 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 therefore 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.

 

TMAPC Comments:

Mr. Boyle questioned if the Planning Commission should act on this application since there are only five members voting and one abstaining.  In response, Mr. Jackere stated that the policy is that two-thirds of the members of the Planning Commission present and voting are required and not of the entire membership to act on the preliminary plat.

 

There were no interested parties wishing to speak.

 

The applicant indicated his agreement with staff’s recommendation.

 

TMAPC Action; 6 members present:

On MOTION of HARMON, TMAPC voted 5-0-1 (Boyle, Harmon, Hill, Pace, Westervelt "aye"; no "nays"; Ledford ”abstaining"; Carnes, Horner, Jackson, Midget, Selph "absent") to APPROVE the preliminary plat for Osage Center, subject to waiver of Subdivision Regulations, special conditions and standard conditions as recommended by staff.

 

* * * * * * * * *

 

 

Osage Duplexes – (3402, 3502)                 (PD-11)(CD-1)

North Osage Drive between Fairview and Jasper Streets

 

Staff Recommendation:

This plat consists of two lots in two blocks on 9.7 acres.  This is a redevelopment project of the Tulsa Housing Authority and will contain duplex residential uses.  Existing multifamily residences will be removed.

 

The following were discussed May 17, 2001 at the Technical Advisory Committee (TAC) meeting:

 

1.

Zoning:

 

Staff: The Board of Adjustment approved a special exception to permit Use Units 5 & 8, among others, on this property. This invokes the platting requirement. In addition, the Planning Commission approved a lot-split involving parts of this property on condition that this plat be processed and filed of record.

No distinction is made between existing and proposed easements or rights-of-way. Are the existing being vacated and replaced? If not, they need to be shown with book and page numbers.

2.

Streets/access:

 

Staff: Some of the existing streets are being reconfigured.

 

Public Works Traffic & Transportation: Concerned that no collector streets are shown but would concede to a waiver of Subdivision Regulations considering the surrounding area and the nature of this development; change covenants to say Osage County instead of Tulsa County; use standard street dedication language; show pedestrian easement to pedestrian bridge; show limits of no access (LNA) at Tisdale Expressway and add LNA language in covenants; provide at least two physical breaks in Country Club Drive.

 

Applicant: Gave overview of project. All underlying rights-of-way and easements will be vacated. Will request waiver of requirement to provide collector streets.

3.

Sewer:

 

Staff: Sanitary sewer exists throughout the site and some new is being proposed.

 

Public Works Waste Water: Any 10’ utility easement with sewer needs to be 15’; delete 10’ building line in larger utility easement to avoid miscommunication.

 

Applicant: Consent

4.

Water:

 

Staff: Water exists throughout the site and some new is being proposed.

 

Public Works Water: Proposed 10’ utility easement at Haskell needs to be 15’; delete 15’ restricted waterline easement in Lot 1, Block 3.

 

Applicant: Consent.

5.

Storm Drainage:

 

Staff: Storm sewer exists throughout the site and some new is proposed.

 

Public Works Stormwater: Put all storm sewers in 15’ easements; none are to be located under buildings; overland drainage easement will be required; detention will be required for all drainage flowing west.

 

Applicant: Consent.

6.

Utilities:

 

Staff: Utilities are available throughout the site and new utility easements are proposed.

 

No comments from any franchise utilities.

 

Staff recommends approval of the waiver of the Subdivision Regulations and of the preliminary plat subject to the special and standard conditions below.

 

Waivers of Subdivision Regulations:

 

1.

Section 4.2.1. requires new streets to conform to the Major Street and Highway Plan (MSHP). The streets proposed on this plat are designated Residential Collectors with a minimum right-of-way of 60’.  Applicant wants a waiver to provide 50’ of right-of-way.

Special Conditions:

 

1.

Modify covenants as needed to provide standard language and site-specific language where applicable.

2.

Add limits of no access provisions along Tisdale Expressway.

3.

Provide pedestrian easement to connect project with existing pedestrian bridge.

4.

Modify design of Country Club Drive to provide at least two physical interruptions to calm traffic.

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 therefore 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 therefore 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.

 

The following Interested Parties expressed their concerns regarding the placement of the duplexes abutting the existing residential homes:  Brenda Barre, 568 North Guthrie, Tulsa Oklahoma 74103, Representing the Country Club Square Neighborhood Association; Melvin Gilliam, 569 North Country Club Drive, Tulsa, Oklahoma 74127; Ken Hurd, 579 North Country Club Drive, Tulsa, Oklahoma 74127.

 

Applicant’s Rebuttal:

Roy D. Johnsen, 201 West 5th Street, Suite 501, Tulsa, Oklahoma 74103, stated that he would like to advise the Planning Commission that the property in question is zoned RM-2 and has contained multifamily dwellings (low-income) for thirty-plus years.  This project is intended to lower the densities from what previously existed (some ownership and some rental) and fewer units overall.

 

Mr. Johnsen reminded the Planning Commission that what is before the Commission today is the subdivision plat and is not a land use determination.  Mr. Johnsen cited the past public hearings regarding the subject property where the same plan was shown at the hearings.

 

Mr. Johnsen stated that he is sure that the Tulsa Housing Authority and the developer of the subject project would be happy to meet with the interested parties to discuss the arrangement of buildings.  He explained that the platting would not change and requested that the Planning Commission act on the preliminary plat, noting that the zoning is in place and the existing uses were more dense that what is being proposed.  Mr. Johnsen indicated that he would take the interested parties’ names in order to have someone contact them.

 

TMAPC Comments:

Mr. Westervelt stated that the preliminary plat is before the Planning Commission today and the subject property is already zoned for heavier intensity.  He commented that the preliminary plat is only for utilities and accesses.

 

Mr. Dunlap stated that the subject property is zoned and the plat is consistent with the zoning.

 

Mr. Jackere stated that the Board of Adjustment and zoning has already been decided and the applicant can do whatever he proposed to do.  Mr. Jackere suggested that the interested parties should get together with the applicant and have dialogue.

 

Mr. Stump stated that the RM-2 zoning, which is for apartments, has been in place for over 30 years and it is still in place; therefore, the neighborhood didn’t get a notice regarding the RM-2 zoning.  The owner of the subject property has the right to develop it as single-family homes, duplexes, townhouses, apartments, etc. that are allowed in the RM-2 district because it was established many years ago and remains in effect.  Today is simply to replat the property to better define the boundaries and utilities.

 

TMAPC Action; 6 members present:

On MOTION of HARMON, TMAPC voted 5-0-1 (Boyle, Harmon, Hill, Pace, Westervelt "aye"; no "nays"; Ledford ”abstaining"; Carnes, Horner, Jackson, Midget, Selph "absent") to APPROVE the preliminary plat for Osage Duplexes, subject to waiver of the Subdivision Regulations, special conditions and standard conditions as recommended by staff.

 

* * * * * * * * *

 

 

CONTINUED ZONING PUBLIC HEARING

Application No.:  CZ-284/PUD-653                                   ag to rs/pud

Applicant:  Joe E. Donelson                                                   (PD-26) (County)

Location:  Northwest corner of East 141st Street South and South Sheridan Road

 

Staff Recommendation For CZ-284: