Planning Commission

AGENDA SAND SPRINGS PLANNING COMMISSION Special Meeting June 17, 2024 4:00 p.m. Sand Springs City Hall Council Room 100 E. Broadway, Sand Springs, OK 1. Call to Order 2. Roll Call 3. Consider Approval of Minutes of May 7, 2024 Commission will discuss and consider approving, denying, amending, or revising of the minutes of the regular meeting of May 7, 2024. 4. SSL-738 STR 23-19N-11E Commission will discuss and consider approving, denying, amending, or revising of the application of Joshua Claybrook, requesting to split the Southerly 35’ from Lot 11, Block 2, Rock Hill Resub Blk E Garden Heights Addition. The purpose of the lot split is so the 35’ tract can be combined with an adjoining parcel to correct a property line issue. The property is commonly known as 3403 S. Rawson Rd., zoned RS-2 (Residential Single- Family Medium density). 5. SSLC-739 STR 23-19N-11E Commission will discuss and consider approving, denying, amending, or revising of the application of Joshua Claybrook, requesting a combination of the Southerly 35’ of Lot 11, Block 2 Rock Hill Resub Blk E Garden Heights Addition (created out of SSL-738) with Lots 12 and 13, Block 2 Rock Hill Resub Blk E Garden Heights Addition. The purpose of the lot combination is to correct a property line encroachment issue. The property is commonly known as being at 34 th St. and S. Rawson Rd., zoned RS-2 (Residential Single-Family Medium density). 6. SSLC-740 STR 23 -19N-11E Commission will discuss and consider approving, denying, amending, or revising of the application of Joshua Claybrook, requesting a combination of Lot 11 less the southerly 35’ thereof, Block 2 Rock Hill Resub Blk E Garden Heights Addition with Lot 14, Block 2 Rock Hill Resub Blk E Garden Heights Addition. The purpose of the lot combinatio n is for tax assessment purposes. The property is commonly known as 3403 S. Rawson Rd., zoned RS-2 (Residential Single-Family Medium density). 7. SSAC-08 STR 14-19N-11E Commission will discuss and consider approving, denying, amending, or revising of the application of The Olsson Company, requesting relief from the Sand Springs Zoning Code, Section 11.02, Landscape Requirements, to allow an alternative landscape design plan at property located at 440 S. Hwy 97, zoned CG (Commercial General). 8. SSSM-001 STR 34 -19N-11E Commission will discuss and consider approving, denying, amending, or revising of the application of Wallace Design Group, on behalf of Gibson and Powell Investments, LLC to modify the Sand Springs Subdivision Regulations at Section 4.11.1.e to allow a reduction in the setback from a plugged well from 50’ to 15’. The wells are known as the Knoch #1  and Knoch #3 wells in the Stone Creek Estates IV subdivision, zoned RS -3 (Residential Single-Family High Density. 9. SSSM-002 STR 34 -19N-11E Commission will discuss and consider approving, denying, amending, or revising of the application of Wallace Design Group, on behalf of Gibson and Powell Investments, LLC to modify the Sand Springs Subdivision Regulations at Section 4.11.1.d to allow a reduction in the setback from an active well from 150’ to 8’ (16’ Diameter). The well is known as the Knoch #2 well in the Stone Creek Estates IV subdivision, zoned RS-3 (Residential Single- Family High Density. 10. Director’s Report 11. City Manager’s Report The City Manager will provide updates regarding recent and upcoming events and projects, including events of interest and the general operations of the City. This item is for informational purposes only and no action will be taken by the Planning Commission. 12. Adjournment IF YOU REQUIRE SPECIAL ACCOMMODATIONS PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PLEASE NOTIFY THE CITY OF SAND SPRINGS AT 918-246-2575. This agenda was posted at 5:00 p.m. on June 13, 2024, on the Sand Springs website www.sandspringsok.org, and on the display board in Sand Springs City Hall, 100 E. Broadway, Sand Springs, OK by __________________________. Brad Bates Page 2 of 2 TO: Planning Commission FROM: Brad Bates, City Planner DATE: June 10, 2024 SUBJECT: SSSM-002 – Wallace Design Group on behalf of Gibson and Powell Investments, LLC- The applicant is requesting a modification to the Sand Springs Subdivision Regulations, Section 4.11.1.d to reduce the required setback from an active well from 150’ to 8’ (16’ Diameter). The well is known as the Knoch #2 well in the Stone Creek Estates IV subdivision described as follows: A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION THIRTY-FOUR (34), TOWNSHIP NINETEEN (19) NORTH, RANGE ELEVEN (11) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION THIRTY-FOUR (34); THENCE S89°04’34”W AND ALONG THE NORTH LINE OF SAID SECTION THIRTY-FOUR (34) FOR A DISTANCE OF 940.33 FEET TO THE POINT OF BEGINNING; THEN S01°02’59”E FOR A DISTANCE OF 543.24 FEET; THENCE N89°06’22”E FOR A DISTANCE OF 390.15 FEET; THEN S01°03’49”E FOR A DISTANCE OF 780.00 FEET; THENCE S89°06’22”W FOR A DISTANCE OF 479.98 FEET; THENCE N01°03’28”W FOR A DISTANCE OF 351.88 FEET; THENCE N28°37’32”W FOR A DISTANCE OF 432.68 FEET; THENCE N01°02’59”W FOR A DISTANCE OF 588.20 FEET; THENCE N89°04’15”E FOR A DISTANCE OF 290.00 FEET TO THE POINT OF BEGINNING. Oklahoma State Law requires active wells to be setback a minimum of 125’ from any residence unless modified by a private agreement between the well operator and the surface owner. §52-320.1. Restriction on location of habitable structures. A. After the effective date of this act, it shall be unlawful to locate any habitable structure within: Page 1 of 4  1. A radius of one hundred twenty-five (125) feet from the wellbore of an active well; or 2. A radius of fifty (50) feet from the center of any surface equipment or other equipment necessary for the operation of an active well, including, but not limited to, hydrocarbon and brine storage vessels, tanks, compressors, heaters, separators, dehydrators, or any other related equipment. B. Provided, however, the provisions of this section shall not prohibit an operator and surface owner from agreeing in writing to setback provisions with distances different from those set forth in this section. The well is located between Lots 3 and 4 on a strip of land that is 30.02’ wide and 123.28’ deep. The 16’ diameter (8’ radius) setback was agreed to in a settlement agreement between Gibson and Powell and Dunn Energy in 2023 (see attached agreement). The Oklahoma Corporation Commission regulates and enforces the laws of the State of Oklahoma regarding the exploration and production of oil and gas and actives associated with the storage and dispensing of petroleum based fuels. Sand Springs Subdivision Regulations, in Section 4.11.1.d, states residences shall be setback a minimum distance of 150’ from any existing well unless said well is properly plugged, or unless permission is given by the City Council. Developers of the property are requesting to reduce the setback to meet the setback they established via a settlement agreement through the judicial process. That setback is a 16’ diameter (circumference) area surrounding the well casing. Essentially, meaning that any structure would be allowed to be within 8’ of the active well, along with any additional zoning setbacks that might be applicable. While this agreement satisfies the requirement of State Law, it does not address our local requirement. State Law allows municipalities to be more restrictive, but not less restrictive, than what is adopted by the State. This is a case where the City has a requirement that exceeds what is required by State law by requiring an additional 25’ setback from an active well. It is important to note that this well is a disposal well and not an active oil/gas well. Disposal wells may be used to inject mineralized water produced with oil and gas into underground zones for the purpose of safely and efficiently disposing of the fluid. The State nor the City differentiate between different types of wells when measuring distances. Attached you will find an exhibit that shows the impact of the 150’ setback on the overall development of the property. The setback would affect nine (9) of the proposed platted lots for development. Page 2 of 4 The City of Sand Springs has received an email from the Oklahoma Corporation Commission regarding their concern over the reduced setback that was agreed to by Gibson and Powell and Dunn Energy (See attached Email). Some of the concerns include:  In the statute (§52-320.1. Restriction on location of habitable structures.) o Section B states:  Provided, however, the provisions of this section shall not prohibit an operator and surface owner from agreeing in writing to setback provisions with distances different from those set forth in this section.  It appears that the spirit of this part of the rule is being crowded for several reasons to follow.  If the well needed to be pulled or worked over for any reason, there would not likely be enough room for a pulling unit and its related equipment, such as power tongs, water trucks, pump trucks, etc., and room for tubing to be laid out.  There are any number of possible dangers, such as salt water and oil spills due to flow line failure, casing failure, tubing failures, etc., to nearby residents and their property if the well equipment should fail. o A spill could create liability issues for Dunn Energy and/or the builder and any number of other entities.  A saltwater spill would kill all vegetation and would likely get into yards of houses built near it.  There are possible health and safety issues associated with a spill of any kind.  Will the builder disclose the well and possible dangers of living within close proximity to it to prospective buyers? The City has worked with the developer and their design professionals to depict the well locations whether they are active, plugged or not found. The plat indicates the wells names, GPS locations, and OCC AP numbers. This is an effort to inform potential buyers of the location of former and active wells within the Development and to be able to acquire needed information about the wells. Further, the Developer has agreed to file a document on all lots that are affected by the reduction of the setback that was agreed to by Gibson and Powell and Dunn Energy. This notice will come up on a Title Search and inform affected parties that they can contact the Oklahoma Corporation Commission or a qualified third party expert for further evaluation. A copy of the draft agreement is included for your reference (See Attached). This agreement is only necessary if the Sand Springs City Council gives permission to reduce the required setback outlined in the Subdivision Regulations. Page 3 of 4 The Planning Commission may recommend Approval if an exceptional condition is found to exist. The proposed modification shall be determined to not have an adverse effect on adjoining properties nor cause any substantial detriment to the public’s safety, health and general welfare, or where the granting of such modification will not diminish in any way the intent of any governing Zoning Code or the Comprehensive Plan. There are a few additional considerations when trying to determine whether to grant relief of the setback requirement or not. 1. Are you willing to recommend a waiver of the distance requirements, and if so, with what conditions, if any?  Subdivision Regulations state that the Planning Commission may require such conditions as will, in its judgment, secure substantially the intent, objectives, standards and requirements of these Regulations. 2. Is the proposed notice sufficient to warrant the waiver, and if not, what additional notice would be needed? The Planning Commission should evaluate the provided information and make a determination on whether or not the submitted modification warrants a reduction in the setback. Page 4 of 4