Tulsa Metropolitan Area Planning Commission

Minutes of Meeting No. 2293

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

Francis Campbell City Council Room

Plaza Level, Tulsa Civic Center

 

Members Present

Members Absent

Staff Present

Others Present

Bayles

Hill

Beach

Romig, Legal

Carnes

Horner

Bruce

 

Harmon

Midget

Dunlap

 

Jackson

Selph

Huntsinger

 

Ledford

 

Stump

 

Pace

 

 

 

Westervelt

 

 

 

 

The notice and agenda of said meeting were posted in the Reception Area of the INCOG offices on Monday, November 21, 2001 at 11:10 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 1:36 p.m.

 

Minutes:

Approval of the minutes of November 7, 2001, Meeting No. 2291

On MOTION of JACKSON, the TMAPC voted 5-0-1 (Bayles, Carnes, Harmon, Jackson, Westervelt “aye”; no “nays”; Ledford “abstaining”; Hill, Horner, Midget, Pace, Selph “absent”) to APPROVE the minutes of the meeting of November 7, 2001, Meeting No. 2291.

 

Minutes:

Approval of the minutes of November 14, 2001, Meeting No. 2292

On MOTION of JACKSON, the TMAPC voted 5-0-1 (Bayles, Carnes, Harmon, Jackson, Westervelt “aye”; no “nays”; Ledford “abstaining”; Hill, Horner, Midget, Pace, Selph “absent”) to APPROVE the minutes of the meeting of November 14, 2001, Meeting No. 2292.

 

REPORTS:

 

Chairman’s Report:

Mr. Westervelt reported that there are several items on the agenda requesting a continuance.

 

Trinity Park East  (3304)                                  (PD-16) (CD-6)

Location: South of Pine Street and West of 129th East Avenue

 

There were no interested parties wishing to speak.

 

Stricken.

 

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

 

 

Tall Grass - PUD 579A (784)                           (PD-18) (CD-8)

Location: Northwest corner of 81st Street & Mingo Valley Expressway

 

There were no interested parties wishing to speak.

 

TMAPC Action; 6 members present:

On MOTION of CARNES, the TMAPC voted 5-0-1 (Bayles, Carnes, Harmon, Jackson, Westervelt "aye"; no "nays"; Ledford ”abstaining"; Hill, Harmon, Midget, Pace, Selph "absent") to CONTINUE the preliminary plat for Tall Grass to December 19, 2001 at 1:30 p.m.

 

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

 

 

APPLICATION NO.: PUD-599-A-1

MINOR AMENDMENT

Applicant:  John W. Moody

(pd-18) (cd-8)

Location: 

West of southwest corner of East 61st Street and South 104th East Avenue

 

Mr. Westervelt stated that the applicant and staff have requested a continuance to December 5, 2001.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 6 members present:

On MOTION of CARNES, the TMAPC voted 6-0-0 (Bayles, Carnes, Harmon, Jackson, Ledford, Westervelt "aye"; no "nays"; none ”abstaining"; Hill, Harmon, Midget, Pace, Selph "absent") to CONTINUE of the minor amendment for PUD-599-A-1 to December 5, 2001 at 1:30 p.m.

 

 

APPLICATION NO.:  PUD-514-1

MINOR AMENDMENT

Applicant: Roy D. Johnsen

(pd-6) (cd-7)

Location: 

Northeast corner of East 33rd Street and South Yale Avenue

 

Staff Recommendation:

Applicant and staff requested a continuance to December 5, 2001.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 6 members present:

On MOTION of CARNES, the TMAPC voted 6-0-0 (Bayles, Carnes, Harmon, Jackson, Ledford, Westervelt "aye"; no "nays"; none ”abstaining"; Hill, Harmon, Midget, Pace, Selph "absent") to CONTINUE of the minor amendment for PUD-514-1 to December 5, 2001 at 1:30 p.m.

 

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

 

 

Director’s Report:

Mr. Stump reported that there are several TMAPC items on the City Council agenda for Thursday, November 29, 2001.  He indicated that Mr. Dunlap would be attending the City Council meeting.

 

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

 

 

Ms. Pace in at 1:36 p.m.

 

SUBDIVISIONS:

LOT-SPLITS FOR WAIVER OF SUBDIVISION REGULATIONS:

L-19308 - White Surveying                       (PD-16) (PD-3)

Location: West of the northwest corner of Ute Place and Joplin

 

Staff Recommendation:

A lot-split application has been filed to exchange parts of Lots A and B so that the property line will follow an existing fence.  Lot A is currently vacant and located within the floodplain and Lot B is being used as a storage yard.  There are no plans to develop either property.

 

During review of this application, it was noted that access to a main sewer line was required to approve the lot-split.  Given that there is no current sewer service to the property, with no intentions to develop it, the applicant is seeking a waiver of the Subdivision Regulations 6.5.4.(d) requiring sewer/septic on each tract.

 

The Technical Advisory Committee had no questions or concerns regarding this lot-split.  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 with the condition that verbiage be included on the deeds that a sewer main line extension will be required should the property be developed.

 

Mr. Beach indicated that there is a dispute between the applicant and the adjoining property owners to the north.  He stated that the applicant and interested parties would have to explain their issues.

 

Applicant’s Comments:

Mike Mararra, White Surveying, 9936 East 55th Place, Tulsa, Oklahoma 74145, stated that his client is the owner of the south property.  White Surveying was hired to facilitate new property lines more closely rather than following the existing fence lines.  He explained that he did sign off on the application that the owner approves of the lot-split application, but it was probably an oversight on his part not realizing that he was dealing with two property owners.  He commented that his client indicated that the north property owners were in agreement with the lot-split.  He suggested that the application be stricken or delayed.

 

TMAPC Comments:

Mr. Westervelt suggested that the interested parties explain their opposition and then determine if the application should be stricken or continued.

 

Interested Parties Comments:

Helen Bailey, 34 North Joplin, Tulsa, Oklahoma 74115, stated that there is an existing fence that has been in existence since 1960.  She explained that there is a road that cuts through her property, which the applicant uses to access his property.  She explained that since the road and the fence line has been in existence since the 1960’s she understood that the applicant owns the road and in return she owns the triangle property indicated on the site plan.  She stated that this arrangement has been that way since 1960 and she would like it to remain that way.

 

Ms. Bailey stated that the applicant could have the land south of the existing fence line.

 

TMAPC Comments:

Mr. Westervelt asked Ms. Bailey if she was in agreement with the lot-split, but not in agreement with the boundary lines that have been rendered on the submitted site plan.  In response, Ms. Bailey answered affirmatively.

 

Ms. Bailey stated that the applicant was supposed to present his proposal to her lawyer, but failed to do so.

 

Applicant’s Rebuttal:

Mr. Mararra stated that he believes that his client should have instructed him to write the legal description to follow the existing fence line exactly, rather than the proposal.

 

TMAPC Comments:

Mr. Westervelt suggested that this application be continued in order to allow the applicant and the interested parties to work out the issues regarding the fence line and road.

 

Both parties agreed to a continuance.

 

TMAPC Action; 7 members present:

On MOTION of HARMON, the TMAPC voted 7-0-0 (Bayles, Carnes, Harmon, Jackson, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Hill, Horner, Midget, Selph "absent") to CONTINUE the lot-split for waiver of Subdivision Regulations for L-19308 to December 19, 2001 at 1:30 p.m.

 

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

 

 

PRELIMINARY PLAT:

Huang Mini-Storage - (683)                  (PD-18) (CD-9)

Location: 6435 South Peoria Avenue

 

Staff Recommendation:

This plat consists of one lot in one block on 4.01 acres.  The property will be developed for mini-storage uses.  It’s surrounded by residential properties on the east side of Peoria and commercial and office uses on the west.

 

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

 

1.

Zoning:

 

Staff: This property is zoned RM-1, RM-2, and CS.  The CS portion is subject to plat.  The plat was waived on the RM-2 portion.  There are no zoning related issues.

2.

Streets/access:

 

Staff: The 10’ x 20’ piece of property on the westerly southwest corner is being dedicated for Peoria right-of-way.  The access is shown at 50’ instead of the standard 40’.

 

Public Works: Access should be reduced to standard 40’; change language in first line, Section 1.A.1.  to read “...dedicate for the public use, right-of-way designated as South Peoria Avenue...”; fix typo related to 10’x20’ right-of-way dedication from 30’ as written to 20’ as intended.

 

Applicant: No objections stated.

3.

Sewer:

 

Staff: No additional information.

 

Public Works: Sewer main extension required.

 

Applicant: No objections stated.

4.

Water:

 

Staff: No additional information.

 

Public Works: Might require fire protection; 20’ restricted water line easement required.

 

Applicant: No objections stated.

5.

Storm Drainage:

 

Staff: No additional information.

 

Public Works: PFPI required for Peoria ditch improvements; fees in lieu of detention permissible; overland drainage easement with appropriate covenant language needed.

 

Applicant: No objections stated.

6.

Franchise Utilities:

 

Staff: No additional information.

 

Franchise Utilities: No comments or concerns.

 

Applicant: No comments or concerns.

7.

Other:

 

Staff: Add 50’ building line along Peoria.

 

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

 

Waivers of Subdivision Regulations:

 

1.

None requested.

Special Conditions:

 

1.

Reduce access width to 40’; change right-of-way dedication language as described by Traffic Engineering in TAC comments.

2.

Provide additional water and storm drainage easements as required by Public Works.

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 topography 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.

 

There were no interested parties wishing to speak.

 

TMAPC Action; 7 members present:

On MOTION of CARNES, TMAPC voted 7-0-0 (Bayles, Carnes, Harmon, Jackson, Ledford, Pace, Westervelt "aye"; no "nays"; none ”abstaining"; Hill, Horner, Midget, Selph "absent") to APPROVE the preliminary plat for Huang Mini-Storage, subject to special conditions and standard conditions as recommended by staff.

 

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

 

 

PLAT WAIVER:

PUD-639 – (1392)             (PD-6)(CD-9)

Location: Southeast corner of 23rd and Main Streets

 

Staff presented the following information at the Technical Advisory Committee (TAC) meeting of 11/01/01.

 

GENERAL

The subject property is the site of the former Akdar Temple and is bounded on the north by 21st Street, on the east by Boston Avenue, on the west by Main Street and on the south by 22nd Street.  The existing buildings (Temple and two single-family homes) and parking have been removed.

 

The site includes part of block 1 of the Boston Addition and all of block 2 of the Third Amended Plat of the Riverside Drive Addition. 

 

PURPOSE

The purpose of the request is construction of the Portifino Villas, a fifteen-story town home community.

 

ZONING

The site is currently zoned OL, OM, RM-2 with PUD overlay.

 

The surrounding area is zoned RM-2, OL and OM.

 

STREETS

The site will be accessed from Boston Avenue and Main Street.

 

The applicant will be required to dedicate five feet along 21st Street.

 

SEWER and WATER

Sanitary sewer and water are present on site – existing easements may require vacation.

 

STORM DRAIN

Staff does not have information on proposed drainage/detention.

 

UTILITIES

A PSO (AEP) easement is present across the center of the site from east to west, which appears to require relocation.

 

Staff provides the following information from TAC.

 

STREETS:

Access points to the site should be recorded as limits of no access.

 

Five feet (5’) should be dedicated along 21st Street and 30’ radius returns should be dedicated at all corners.

 

STORM DRAIN:

A PFPI will be required as will as on-site detention.

 

RECOMMENDATION:

Based on discussion with the individuals who will review and approve the changes and the following checklist, which reflects the policies of TMAPC, staff recommends approval of the request for plat waiver with the following conditions:

 

Recordation of access points to the site.

 

Dedication of five feet along the south side of 21st Street and 30’ radius returns at all corners.

 

On-site detention and PFPI to satisfaction of Public Works Department.

 

Recordation of PUD standards.

 

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:

 

 

Yes

NO

1.

Has Property previously been platted?

x

 

2.

Are there restrictive covenants contained in a previously filed plat?