Planning commission delays minor PUD amendment after staff flags utility easement

The Tulsa Metropolitan Area Planning Commission on Nov. 5 continued a minor amendment to a planned-unit district after staff said the setback reduction requested by the applicant encroaches on a newly recorded utility easement.

Staff told the commission the encroachment needs review by city staff and franchise utility providers, or the applicant should pursue vacation of the easement. "We would prefer that it goes through the proper review from city staff, and the franchise utilities to understand if that is going to be approved or in the alternative the city may request that they vacate that easement if there aren't utilities there instead of having an encroachment agreement," staff said during the hearing.

Architect Mark Nelson, representing the applicant, said the building department is aware of the easement issue and that the project cannot proceed without easement resolution. "Even if we have your approval, if we can't get the easements closed or encroached on, we're kinda dead in the water," Nelson said, adding he wished to clear the item from the applicant's list if possible.

Commissioner Craddock moved to continue the item per staff recommendation; Commissioner Bulmash seconded. The commission approved the continuance and set the item for the Nov. 19 meeting.

Because the easement question affects whether an encroachment agreement or a formal vacation of the easement is required, staff told the commission its approval of a minor amendment today would not be an endorsement of any future encroachment agreement. The applicant noted parallel filings are under way with the building department.

No public speakers addressed the substance of the PUD amendment during the Nov. 5 hearing; the commission limited comment at that time to procedural matters affecting the continuance.