Development fight of the year

[RecycleMichael]

Developer demands Planning Commission chairwoman's recusal

By KEVIN CANFIELD World Staff Writer
Published: 12/4/2010 

Local developer Chris Bumgarner has sent a letter to Tulsa Metropolitan Area Planning Commission Chairwoman Michelle Cantrell in which he accuses her of having a conflict of interest and improperly communicating with commission staff members and demands that she recuse herself from a matter before the commission. In a separate letter, Bumgarner asks the Planning Commission to defer action on the issue, which involves a proposed ordinance change that would prevent developers from using planned unit developments to do projects not otherwise permitted in historic preservation neighborhoods.

The city's zoning code now allows developers to use planned unit developments to reallocate land uses - such as commercial - into historic preservation neighborhoods whose zoning would not normally allow the use. The proposed ordinance change could potentially affect commercial development along the city's "medical corridor" on Utica Avenue, where Bumgarner owns property. The proposal has drawn interest from homeowners and developers alike because the medical corridor borders two historic preservation neighborhoods, Yorktown and Swan Lake.

In his letter to Cantrell, Bumgarner states that it has come to his attention that Cantrell called Planning Commission staff member Wayne Alberty to ask him to remove the first of two issues he raised in a memorandum he prepared for the commissioners. "The first item basically requests a conversation and negotiation be started on how best to develop along one of Tulsa's most vital corridors," Bumgarner said Friday. "The second item removes from the discussion one of the most critical parts of that negotiation - the boundary 'edge' where residential and commercial interests meet."

Cantrell said commission members routinely discuss items with staff members but would not say whether she had asked Alberty to alter the memorandum. "I don't believe it is professional or appropriate for me to disclose conversations between staff and me to third parties," she said. She added: "I will say, in general, I recognize that staff reports are their own work products, and I don't recall ever directing them to exclude or include any information."

Cantrell said she will not recuse herself from the case. "I have spoken with the commission attorney about Mr. Bumgarner's request, and he assured me that there is no reason for me not to participate in our discussion next week," she said.

The proposed ordinance change is a response to a request made by the Tulsa Preservation Commission that the Planning Commission look into ways the city can better protect the borders of historic preservation neighborhoods from incompatible development. The Preservation Commission also has asked the City Council to direct the city's Planning Department to come up with a small area plan for Utica Avenue from 11th to 21st streets, also known as the medical corridor.

Bob Sober, chairman of the Preservation Commission, has said repeatedly that the commission's requests are not intended to stifle development in the area. He has acknowledged, however, that recent applications by Bumgarner to demolish homes in the York-town neighborhood are what prompted him to ask the Planning Commission to study the border issue. The homes are on the same block as the Arvest Bank that was constructed by Bumgarner on the southeast corner of 15th Street and Utica Avenue in 2008.

Bumgarner noted that history in his letter to Cantrell. "Not only was that improper ex-parte communication by you intended to alter Mr. Alberty's recommendation," he wrote, "but it also was further evidence of your personal interest in the outcome of these issues, reflected in part by your public opposition, in your capacity as a private citizen, to our Arvest Bank project."

--------------------------------------------------------------------------------

Public meeting
The Tulsa Metropolitan Area Planning Commission will hold a public hearing at 4 p.m. Tuesday in City Council Chambers, Second Street and Cincinnati Avenue.

Among the items on the agenda is a proposed modification of the zoning code as it relates to protecting the boundaries of historic preservation districts.

The commission also is scheduled to take public comments on a proposed form-based code for a section of the Pearl District.

[patric]

Having a personal interest in Tulsa's development is a disqualifier?

[RecycleMichael]

The developer is remembering that years and years ago someone protested one of his developments. That same person years later was appointed to the planning board. He now thinks that they are prejudiced in all cases that he is involved.

I think the citizen volunteer serving on the planning commission has been very good in their role and has been able to both be supportive of development and protective of neighbor's rights. It is a very difficult task.

I watch these meetings on television, but don't know all the rules, players, etc. If anything, I feel the commission has been overly welcoming to the development side of the equation when they have been controversial. Many of the other planning commissioners do work in the development business. The Planning Commission should hear both sides. This is prime property for redevelopment but it is surrounded by historic neighborhoods. The Preservation Commission has asked for a hearing to protect these neighborhoods. Neighbors have rights too.

All that being said, you would have to agree that this particular developer has really fumbled the ball this time. Why would you write a letter attacking communication between a commissioner and staff? Shouldn't the two groups communicate?

[spartanokc]

Having a personal interest in Tulsa's development is a disqualifier?

No kidding. She just talked to the preservation commission. I wonder if any of them have communicated with Bumgarner?

Although honestly, most of his developments are good projects that do a lot for Midtown, but that's just my opinion. I like the Arvest Bank and look forward to whatever he is going to build at Utica/BA.

[SXSW]

I look forward to it too, just because I'm tired of seeing a vacant lot there.  Hopefully whatever the plans are for that development also include the gas station at the corner of 15th & Utica.  There is already a gas station at the NE corner, they should demo the one at the NW corner (next to the vacant lot) and build to the corner like they have done at the other two corners (Stillwater and Arvest banks).  That would better define that important midtown/Cherry Street intersection.

[spartanokc]

Is he wanting to develop that whole block, from 15th to the BA along the west side of the street? It seems like they cleared the far north side of that block not very long ago.

[SXSW]

Is he wanting to develop that whole block, from 15th to the BA along the west side of the street? It seems like they cleared the far north side of that block not very long ago.

I believe he owns the cleared land from 14th from Troost to Utica to the back of the property line of the gas station and retail building that line 15th.  I was saying it would be great to see the gas station redeveloped as well to better define that corner of 15th & Utica, especially since there is already a gas station across the street.

[sgrizzle]

Having a personal interest in Tulsa's development is a disqualifier?

Paying taxes disqualifies you from being US Treasurer.. so yeah.

[dbacks fan]

I'm going to stick my foot into this discussion because I looked at google earth to see the area being discussed, and as a former long time resident, I don't care for the buildings built on the SE and SW corners of 15th & Utica. To me, they just don't fit the area to begin with. But I also think that the whole area was changed when they built the BA to the SE corner of the IDL. It changed it for forever, and now everyone is trying to preserve what has alreadey been damaged. From the overhead view as it is now, to what was on the land in question before, it will be hard to get something that resembles what was there. The old brick building at 14th and Utica was Mercury Mortgage that held the deed to my last home in Tulsa. The other thing I find interesting, and it may have changed since the ArVest building was built and the last Google Streets photo was taken, is you have a nice new building, but the actual street and sidewalk corner look like crap. It just saddens me that this east/west corridor was forever altered, and continues to be altered. As A kid growing  up in Tulsa, the corridor from 21st to 11th along Utica was a medical area, the surgeons and doctors that worked at St. Johns and Hillcrest, lived in the area.

Just my thoughts.

[spartanokc]

Well it's not a very ped-friendly corner. I've walked Cherry Street taking pictures and once you get passed the new Genghis Grill you start to feel really awkward as a person walking along the street. Standing at the Utica/15th corner trying to take photos of the Stillwater and Arvest bank bldgs is a very awkward experience, though I do think the sidewalk may have been replaced--howerver the street is in about the same crappy condition as a few blocks to the west or any other street in Midtown (save Peoria between 31st and 41st) for that matter.



Maybe the gas stations would be developed if the city would invest in a streetscape of some sort. There's a lot more potential to be realized, especially now that Cherry Street comes with a lot of new young professional residents.

(P.S. Has anyone ever faxed a Subway order before? lol)

[tulsabug]

Gas stations on two corners is just asinine.

I preferred it when they were on three of the corners:


courtesy the Beryl Ford Coll/Tulsa Historical Society

/ I keed, I keed.

[JoeMommaBlake]

We sent someone from our office to Subway once (not the one in the picture) to place an order for about 6 people. When he got there to place the order, the manager chastised him (in front of the other guests) for not faxing the order in (as if he should've just known that). Yep, chewed 'em up a little for having the audacity to come in and order lots of food all at once.

At Joe Momma's, we prefer those type of customers....Not that we're biased, we'll take all kinds....but seriously, when someone wants to order lots of food, we try to accommodate...sometimes we're even friendly to them (depends on if they've been in 200+ times or not).

Anyway, it was then that I learned that Subway accepts fax orders. Convenient. Sadly, it hasn't occurred to me to patronize that particular Subway again.

[inteller]

I have a new proposal, anyone with the last name Bumgarner should be prohibited from developing in Tulsa.  Go look down through history, every shitty and controversial development in this town has that name attached to it.

[inteller]

Is he wanting to develop that whole block, from 15th to the BA along the west side of the street? It seems like they cleared the far north side of that block not very long ago.

let me guess, it will be something "Italianate" with EIFS and some clay tile roof.....or maybe some EIFS, with stacked stone trim and a low pitch prairie style roof?....maybe mix it up a little and throw it some exposed beams?

I'll be waiting in line for my "punch in the mouth" with the rest of the sane people.

[RecycleMichael]

Go look down through history, every shitty and controversial development in this town has that name attached to it.

I didn't realize he built Target stores.