Tulsa Zoning: March 2016 Archives

Vision Tulsa Vote Yes ads claim (dishonestly) that approval of the Vision Tulsa Dam Tax hike on April 5, 2016, will prevent future strip malls from being built along the river. In fact, nothing in the Vision Tulsa propositions address development standards. Moreover,
the City Council has the power right now to prevent inappropriate development, both through the zoning ordinance and through placing conditions on the sale or lease of city-owned land. Far from helping protect the river corridor, voter approval of the proposed Vision Tulsa Dam Tax would instead surrender the only financial leverage Tulsans have to push for common-sense rules to ensure appropriate future development along the Arkansas River.

The City Council has had the power all along to amend the zoning ordinance to require appropriate and compatible development along the river. The City Council could create a new zoning district along the river and specify design guidelines for any new construction within the district. If the design guidelines are sufficiently objective, they could be enforced directly through the permitting process. If the design guidelines involve a degree of subjective judgment, the ordinance could require that applications for construction be approved by a design review board before a building permit is issued. While this cannot be done overnight -- the Tulsa Metropolitan Area Planning Commission would have to review such an ordinance and make a recommendation before the City Council could act -- it can be done. We have an example just down the turnpike.

Oklahoma City has numerous design-focused zoning overlay districts; many of them have been in place for over 30 years. Some are intended to preserve the walkable, urban characteristics of historic commercial districts like 23rd Street and Classen Blvd. Some are aimed at ensuring that new development is compatible with existing development in a neighborhood. Two districts, established in 2007, specifically deal with the banks of the North Canadian River (aka "Oklahoma River"): The Scenic River Overlay District and the Scenic River Overlay Design District.

It's not as though the need for design guidelines along Tulsa's riverfront has suddenly arisen. Starting around ten years ago, chain restaurants, a shopping center, and a convenience store were built on the west side of Riverside between 96th Street and 101st Street. All of these buildings turn their backs to the river, and most are typical cookie-cutter, chain-store architecture, a huge waste of the unique opportunity presented by the river (sandbars or no sandbars). That nothing has been done to date leads me to believe that nothing would be done once the Council has secured the dam tax increase.

(MORE: In an August 2006 column, I explained why design guidelines were appropriate for unique places like riverfronts and the gateways to our city. In February 2007, then-Mayor Kathy Taylor called for a study of special zoning for the river corridor, but as far as I can tell, the effort never went beyond the discussion phase.)

City leaders have even more control over riverfront development when the project requires the use of publicly-owned land. And yet our current mayor and council seem determined to discard that leverage.

Back on August 11, 2015, the Tulsa Public Facilities Authority (TPFA) voted 3-2 to sell the northern section of Helmerich Park, a city park along the Arkansas River southwest of 71st and Riverside, to a commercial developer for the construction of a strip mall and large parking lot.

Just a few weeks earlier, on July 16, 2015, the City Council voted to change the comprehensive plan land-use designation for the parcel from "Park and Open-Space" to "Mixed-Use Corridor" and from "Area of Stability" to "Area of Change." This greased the path for any zoning accommodation that the developers might need. A no vote by the Council may well have deterred the developer from pursuing the shopping center.

A lawsuit challenging the TPFA's authority to sell city-owned land without the blessing of the City Council has put the sale on hold, but there are reports that proponents of the sale have found a way around this roadblock, and that this will be under discussion at a meeting of the TPFA this Thursday, March 31, 2016, 4:30 p.m, in Room 10-203 at City Hall. (The meeting notice is online, but the agenda has not yet been posted.) The way around the roadblock? If the City Council votes to abandon the section of the park as surplus to the city's needs, the lawsuit would be moot, and TPFA would have permission to move ahead with the sale to the developers.

Former Tulsa Mayor Terry Young has been a leader in the effort to stop the commercial development of the northern half of Helmerich Park. Late last week his alert was posted to the Save Helmerich Park Facebook page:

URGENT NOTICE!

Helmerich Park Friends:

The Tulsa Public Facilities Authority has scheduled a new Special Meeting to act on a request to the City Council to ABANDON parts of Helmerich Park.

The request to ABANDON a tract in the park is to allow the sale of the land to private developers for the construction of a 52,000 square foot shopping center and acres of asphalt parking.

WE NEED HELMERICH PARK SUPPORTERS TO ATTEND THIS MEETING TO RAISE DEEP CONCERNS ABOUT THIS ACTION!

The meeting will be:

Thursday
March 31, 2016
4 p.m.
Room 10-203 (Tenth Floor)
City Hall - One Technology Center
175 East 2nd Street

Please mark your calendar and try to attend. Bring other supporters. This board needs to know the depth and breadth of our opposition.

Here is what is at stake:

In response to our lawsuit which makes it clear that TPFA does not have the power to sell any or all of Helmerich Park, TPFA is planning to ask the City Council to do it by:
Passing a resolution abandoning the park use of a portion of Helmerich Park and finding it is no longer needed for public use.

PLUS:

TPFA will ask the City Council to:

Endorse, support, and consent to the sale of Helmerich Park to North Point Property for building a shopping center.

We have a full week to add this meeting to our respective schedules.

I hope you will join us to add many, many more faces to our efforts to sway TPFA and to SAVE HELMERICH PARK.

Terry Young