LEGISLATIVE RESEARCH CENTER
File #: 17-1895    Name:
Type: Consent Item Status: Agenda Ready
File created: 2/27/2017 In control: Planning Commission
On agenda: 3/9/2017 Final action: 3/9/2017
Title: Approval of BAL 2013, Oneal Ingram Property, 0.29 acres, R-2 and PUD 182, one-half mile south of New Orleans Street, one-half mile east of Mingo Road
Attachments: 1. 2-CASE MAP.BAL 2013, 2. 3-AERIAL.BAL 2013, 3. 4A-LOT SPLIT EXHIBIT, 4. 4B-LOT SPLIT LEGAL DESCRIPTIONS, 5. 5-Berwick Fairways II filed plat
Related files: 17-1988

Broken Arrow Planning Commission

03-09-2017

 

To:                     Chairman and Commission Members

From:                     Development Services Department

Title: 

title

                     Approval of BAL 2013, Oneal Ingram Property, 0.29 acres, R-2 and PUD 182, one-half mile south of New Orleans Street, one-half mile east of Mingo Road

End

 

Background:

Applicant:                                          Mark P. Ingram

Owner:                     Derrick Daniel & Amy Huie Huang Oneal

Developer:                                          NA

Surveyor:                                          White Surveying Company

Location:                     One-half mile south of New Orleans Street, one-half mile east of Mingo Road

Size of Tract                     0.29 total acres; Tract 1 - 0.01 acres; Tract 2 - 0.28 acres

Number of Lots:                     2 proposed

Present Zoning:                     R-2 (Single Family Residential) and PUD 182

Comp Plan:                                          Level 2 (Urban Residential)

 

Lot split request BAL 2013 involves a 0.29-acre parcel located approximately one-half mile south of New Orleans Street, one-half mile east of Mingo Road.  The property, which is zoned R-2 and PUD 182, is platted as Lot 8, Block 2, Berwick Fairways II and has an existing single-family structure.  Applicant is proposing to split the 0.29-acre parcel into two parcels. 

 

Tract 1 shall consist of 0.01 acres and Tract 2 shall consist of 0.28 acres. Tract 1 is being split from Tract 2 due to a masonry wall which was constructed 5-feet inside the property line. The 5-feet of space between the wall and the property line creates a large gap between the wall and the neighbors landscaping. Through this lot split, Tract 1 shall be removed from Lot 8, Block 2 and attached to Lot 9, Block 2, allowing the neighboring property owner to install appropriate landscaping.

 

Tract 1 by itself does not have access to a public street and does not meet the minimum lot size required by R-2 zoning or PUD 182.  However, Tract 1 is being purchased by the applicant from the owner of Lot 8, Block 2. Consequently, the Tract 1 will be attached to the purchaser’s property through the filing of warranty deeds with Tulsa County. Once the warranty deeds are recorded, Tract 1 will meet the street frontage requirements of the R-2 district and PUD 182.

 

According to the legal description and drawings submitted, right-of-way and utility easements have been dedicated in accordance with the Subdivision Regulations. There is an existing 11-foot utility easement along the rear yard boundary of Lot 8, Block 2 that is affected by this lot split.

Oklahoma Natural Gas (ONG), Public Service Company of Oklahoma (PSO), Cox Communications, and Windstream have indicated that they do not have any problems with the proposed lot split. 

 

 

Attachments:                                 Case map
                                    Aerial
                                    Lot Split Exhibits and Legal Descriptions
                                    Berwick Fairways II Plat

 

Recommendation:                     

 

Staff recommends BAL 2013 be approved, subject to the following:

 

1.                     Warranty deeds for both parcels being brought simultaneously to the Plan Development Division to be stamped prior to being recorded in Tulsa County.

 

2.                     Tract 1 shall be permanently tied to the abutting property, Lot 9, Block 2 of Berwick Fairways II.  It shall be acknowledged and stated in the warranty deed associated with Tract 1 that the property cannot be divided without receiving lot split approval from the Planning Commission.

 

3.                     The 11-foot utility easement along the rear yard boundary of Tract 1 shall remain in place.

 

Reviewed By:                                                               Larry R. Curtis

 

Approved By:                                                               Michael W. Skates

 

LRC:  ALY