Broken Arrow Planning Commission
05-25-2017
To: Chairman and Commission Members
From: Development Services Department
Title:
title
Approval of amended covenants for recorded plat, PT15-103, Riverstone Estates, 103 lots, 27.28 acres, RS-3, one-third mile east of Olive Avenue, south of Tucson Street
End
Background:
Applicant: Erik Enyart, Tanner Consulting, LLC
Owner: Double Eagle Estates, LLC
Developer: Double Eagle Estates, LLC
Location: one-third mile east of Olive Avenue, south of Tucson Street
Size of Tract 37.28 acres
Number of Lots: 103
Present Zoning: RS-3
Applicant has submitted a request to amend the covenants of, PT15-103, Riverstone Estates which was recorded in Tulsa County on March 10, 2017.
When the covenants were recorded, Section I.B.1 of the covenants stated:
“UNDERGROUND SERVICE LINES FOR THE SUPPLY OF ELECTRIC, TELEPHONE, AND CABLE TELEVISION SERVICES MAY BE LOCATED WITHIN THE UTILITY EASEMENT IF THE SUBDIVISION. STREET LIGHT POLES OR STANDARDS SHALL BE SERVED BY UNDERGROUND CABLE THROUGHOUT THE SUBDIVISION. ALL SUPPLY LINES INCLUDING ELECTRIC, TELEPHONE, CABLE TELEVISION AND GAS LINES SHALL BE LOCATED UNDERGROUND IN THE EASEMENT WAYS DEDICATED FOR GENERAL UTILITY SERVICES AND IN THE STREET RIGHT-OF-WAYS ASS DEPICTED ON THE ACCOMPANYING PLAT. SERVICE PEDESTALS AND TRANSFORMERS, AS SOURCES OF SUPPLY AT SECONDARY VOLTAGES, MAY ALSO BE LOCATED IN THE UTILITY EASEMENTS.”
With this amendment, applicant is requesting to amend the plat and covenants of Riverstone Estates to include language to allow overhead poles for electric and communication services along Tucson Street. Section I.B.1, stated above, is requested to be deleted in its entirety and replaced with the following:
“OVERHEAD POLES FOR THE SUPPLY OF ELECTRIC AND COMMUNICATION SERVICE MAY BE LICATED WITHIN THE UTILITY EASEMENT ALONG THE NORTH SUBDIVISION PREIMETER AND THE RIGHT-OF-WAY FOR WEST TUCSON STREET. STREET LIGHT POLES OR STANDARDS SHALL BE SERVED BY UNDERGROUND CABLE THROUGHOUT THE SUBDIVISION. ALL SUPPLY LINES INCLUDING ELECTRIC, TELEPHONE, CABLE TELEVISION AND GAS LINES SHALL BE LOCATED UNDERGROUND IN THE EASEMENT WAYS DEDICATED FOR GENERAL UTILITY SERVICES AND IN THE STREET RIGHT-OF-WAYS ASS DEPICTED ON THE ACCOMPANYING PLAT. SERVICE PEDESTALS AND TRANSFORMERS, AS SOURCES OF SUPPLY AT SECONDARY VOLTAGES, MAY ALSO BE LOCATED IN THE UTILITY EASEMENTS.”
Section V.C of the covenants of Riverstone Estates requires amendment to Sections I, II, and V of the covenants to be approved by the Broken Arrow Planning Commission, with the approval of the City of Broken Arrow.
Attachments: 1- Proposed amendment to Plat and Covenants of Riverstone Estates
1-Recorded plat and covenants of Riverstone Estate
Recommendation: Staff recommends approval of amended covenants Subsection B (1) of Section I of Riverstone Estates, as submitted.
Reviewed By: Larry R. Curtis
Approved By: Michael Skates
LRC:ALY