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Randy Sullivan offers a band-aid for a stab wound

A 71st & Harvard update: There is a move afoot to mollify the protesting homeowners, avert a lawsuit, avoid negative publicity for F&M Bank, and diffuse a mounting political backlash against the six councilors (Sullivan, Baker, Patrick, Justis, Williams, and Neal) who voted to discard the homeowners' lawfully submitted protest petition.

District 7 Councilor Randy Sullivan, F&M's point man on the City Council, is shopping a proposal to provide some assurance to the homeowners that F&M's zoning change will not set a precedent for similar residential-to-non-residential changes on the other three corners of that intersection. What he is offering amounts to a band-aid to heal a stab wound that he inflicted.

A resolution was on the Council agenda last Thursday night, brought forth by Sullivan without any prior consultation with Councilor Chris Medlock, who represents most of the affected area. Click the "read more" link for the full text and commentary.

Here's the text of Sullivan's resolution:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULSA REQUESTING TULSA METROPOLITAN AREA PLANNING COMMISSION TO STUDY AMENDMENTS TO THE DISTRICT 18 PLAN REGARDING THE AREA AROUND 71ST AND SOUTH HARVARD TO PREVENT THE OL ZONING AND PUD ON THE SOUTHWEST CORNER OF THE INTERSECTION FROM SETTING A PRECEDENT IN CONSIDERATION OF FUTURE PROPOSED ZONING MAP AMENDMENTS.

WHEREAS, the City of Tulsa is a community of neighborhoods and the
preservation of the health, safety and welfare of the neighborhoods is important
to the quality of life of the citizens of the city;

WHEREAS, on October 30, 2003, the City Council approved the application
requesting zoning map amendments designated as Z-6902 and PUD-687 located
at or near 71st and South Harvard;

WHEREAS, on November 6, 2003, the City Council approved the ordinance
changing the zoning on the designated property;

WHEREAS, the overriding concern of those in opposition to the amendments
and PUD was not the proposed project, but the approval would act as a
precedent in considering other commercial and office development zoning
applications in the 71st and South Harvard area;

WHEREAS, another concern of those opposed to the amendment and PUD was
that any subsequent use of the property in question would not be as compatible a use as current proposed project and would be detrimental to the area and the
neighborhoods;

WHEREAS, the City Council seeks to protect the interests of the surrounding
property owners and the City by preserving the essential nature of the area
around 71st and South Harvard; and

WHEREAS, the Tulsa Metropolitan Area Planning Commission can review and
recommend to the City Council methods to preserve the area of 71st and South
Harvard, including but not limited to amendments to the District 18 plan, and
vesting an interest in the PUD for residual purposes to require approval for uses
other than banking should F & M abandon this property in the future.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TULSA, OKLAHOMA:

Section 1. The City Council requests Tulsa Metropolitan Area Planning
Commission to study amendments to the District 18 plan regarding the area
around 71st and South Harvard to prevent the OL zoning and PUD on the
southwest corner of the intersection from setting a precedent when future
proposed zoning map amendments are considered.

Section 2. The City Council requests Tulsa Metropolitan Area Planning
Commission to review zoning map amendments designated as Z-6902 and PUD-
687 located at or near 71st and South Harvard and should F & M abandon this
property in the future, determine what actions could be taken to protect the City’s interest in the PUD and what additional actions could be taken to require City Council approval for uses other than banking.

Section 3. That an emergency is hereby declared to exist for the preservation of
the public peace, health and safety, by reason whereof this Resolution shall take
effect immediately upon its adoption and approval.

After much sniping and carping on the part of Sullivan, who seemed to resent Medlock's request that the issue be considered in committee, the resolution was referred to committee and will be on the agenda Tuesday morning in the Urban and Economic Development Committee at 10 a.m.

This is clearly not a serious attempt to address the concerns of the neighborhood. Restrictions on future uses of the F&M property could have been included in the terms of the PUD. The Council could have insisted on a deed restriction on permissible uses of the property, with the city or the nearby homeowners' association as the beneficiary, as a condition of approval of the zoning change.

It is ridiculous to propose changing the Comprehensive Plan to forestall rezoning on the other corners of 71st and Harvard. The TMAPC and the Council ignored the Comprehensive Plan in granting this zoning change. At the same time, the Council went back on a promise made to area property owners when the lawsuit against widening 71st was dropped, a promise that F&M's corner would remain residential.

The homeowners see this maneuver for the cynical ruse that it is, and they're determined to see Randy Sullivan and his fellow opponents of fair zoning practices out of office as quickly as possible.

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This page contains a single entry from the blog posted on December 8, 2003 1:54 AM.

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