The Planning Commission of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Commission Chambers, at City Hall, 9th and Broadway, on Wednesday, January 2, 2008 at 1:30 p.m., pursuant to notice duly posted as prescribed by law.
AGENDA ITEM NO. 1: Roll Call
Upon roll call the following members were present:
John Holt Robert Slavens
Rusty Jones Pat London
David Hadley
Absent: Louis Maltos and Jimmy Nickles
Note: Louis Maltos present at 2:35 during Agenda Item 4.
A quorum was declared present and the meeting was called to order.
Nancy McNayr, Planning Consultant was present to give the staff reports.
Mike Cox was also present to give staff reports.
AGENDA ITEM NO. 2: Approval of the minutes from the December 5, 2007 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner Slavens to approve the December 5, 2007 Planning Commission Meeting minutes.
AGENDA ITEM NO. 3: Case #P32-07 - A public hearing for consideration of approval to rezone property from A-1; Agricultural to C-3; Automotive, Commercial & Recreation for property located at 2025 E. MacArthur. (Applicant: Robert & Alethia Woodmoore) (Deferred from 12/5/07 meeting) Request to defer to 2/6/08 meeting.
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Chairman Holt stated this item requested to be deferred to February 6, 2008 meeting.
Commissioner Slavens made a motion, seconded by Commissioner Jones to defer Agenda Item # 3 to February 6, 2008 meeting.
AGENDA ITEM NO. 4: Case #P01-08 - A public hearing for consideration of approval to rezone property from R-1; Residential to C-3; Automotive, Commercial & Recreation for property located at 712 E. Highland (Applicant: John Weger obo Shawnee Auto Mall)
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Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. Mrs. McNayer stated the proposed rezoning is not in conformance with the Comprehensive plan. Staff recommended denial of this request and recommended rezoning to C-1 or C-2 as an appropriate transition between higher intensity commercial used and the residential neighborhood. Should the property owner wish to pursue higher intensity uses on this lot, it may be appropriate to submit a Planned Unit Development. If zoned C-1 or C-2, the applicant can use the site for employee parking as long as the subject site and the car sales lot are under common ownership. A deed approval to combine the property owned by the applicant must be submitted and accomplished prior to the City Commission taking action on this request.
Chairman Holt opened the public hearing and asked if anyone was for or against this proposal. No one came forward.
There was a brief question and answer session between Commission and Nancy McNayr. The applicant was not present to answer questions.
After careful consideration, Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Hadley to defer this item until the February 6, 2008 meeting.
Motion carried:
AYE: Slavens, Hadley, Holt, Maltos, Jones and London
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 5: Case #P02-08 - A public hearing for consideration of approval of a Conditional Use Permit to allow for a mobile home in A-1; Agricultural District. (Applicant: Jeff & Justine Price)
Jeff & Justine Price were in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. Staff has recommended to the Planning Commission and City Commission that a standard be established for manufactured homes. To date, this standard has been required upon approval. The conditions are as follows:
1. The unit must bear a seal certifying compliance with the Federal Manufactured Construction and Safety Standards as revised on April 1, 1995.
2. The unit is dual sectional with a minimum front width of Twenty-four (24) feet and a minimum floor area of One thousand (1,000) square feet.
3. The unit must be attached to a continuous concrete or concrete block foundation that complies with the Building Code. The foundation must be an excavated and backfilled foundation, enclosed at the perimeter with the finished floor being a maximum of Twenty-four (24) inches above the exterior grade of the lot on the uphill side of the house. The roof must be a gable or hip type construction with at least Class C shingle roofing material. The roof slope must have a vertical rise of Three (3) inches for every Twelve (12) inches of horizontal run with a minimum eave projection and roof overhang of Eight (8) inches, which may include guttering.
4. Covered front and rear porches and site-built steps must be constructed with exterior materials matching the structure.
5. Covered front and rear porches and site-built steps must be constructed with exterior materials matching the structure
Staff recommended approval of the Conditional Use Permit with the 5 requirements being met.
Mr. Jeff Price came forward with his reasons for asking for the Conditional Use Permit and answered questions from the Commission. He was unaware that a permit was needed until Code Enforcement came to him after the mobile home was set.
Chairman Holt opened the public hearing and asked if anyone was for or against the proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Maltos to approve the Conditional Use Permit to allow for a mobile home with the 5 conditions mentioned being met.
AGENDA ITEM NO. 6: Case #P03-08 - A public hearing for consideration of approval to Rezone property from A-1; Agricultural to R-1; Residential with a Conditional Use Permit to allow for a Day Care for property located at 4031 N. Union Applicant: (Amie McDaniel)
Janis King and Amie McDaniel were in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. The Janis King Child Care Center is located at 4031 N. Union Street. The property directly on the southeast corner (building location) of Union Street and 40th Street was rezoned to R-1P (Conditional Use Permit for Day Care) in 1996. At some point, the property was expanded to the south and supporting recreation facilities and additional parking was added. This rezoning request is to bring the recreation and parking area into compliance with the City’s zoning regulations. The Shawnee Comprehensive Plan depicts this area as suitable for low intensity residential. The proposed land use, day care, is an appropriate use for low intensity residential areas.
Staff recommended approval of the request to rezone from A-1; Agricultural District Agricultural District to R-1P; Residential with a Conditional Use Permit to allow for a Day Care
Chairman Holt opened the public hearing and asked if anyone was for or against the proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner London to approve the rezoning to R-1 with a Conditional Use Permit to allow for a daycare at 4031 N. Union.
AGENDA ITEM NO. 7: Case #S01-08 – (A) Consideration to grant a variance to the Subdivision Preliminary Plat Preparation and Approval Procedure, Article VIII, Section 80.2.1. for the preliminary plat of Vision Bank Addition, Section 1 (B) Consideration of approval of the preliminary plat of Vision Bank, Addition Section 1 located on the east side of N. Harrison and south of 45th St. (Applicant: Mike McQuain)
Steve Landes and Mike McQuain were in the audience
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation.
TECHNICAL ISSUES
1. The request for a variance to the Subdivision Regulations, Article VIII, Section 80.2.1 Preliminary Plat Preparation and Approval Procedure (and Section 40.2.1.E), must be approved by the Planning Commission in order for the preliminary plat to be heard.
2. Public water lines are required to be extended across all street frontage.
3. Sidewalks are required on each side of any street classified as a collector or arterial. Vision Boulevard will be required to have a sidewalk on both the north side and south side. Section 40.2.8.
4. Street designs must be in accordance with Shawnee street standards.
5. A 20’ utility easement must be provided along the perimeter of all subdivisions when abutting unplatted property or a 10’ utility easement is required if accompanied by a 10’ off-site easement (40.2.3.B).
6. “Limits-of-no-Access” is required on the lot frontages on Harrison.
7. The Shawnee Fire Department may review the final street layout to resolve any turning movement issues.
8. Landscaping will be required as per the Shawnee Zoning Code with any development of this property.
(A) Staff recommends approval of a variance to the Subdivision Regulations, Article VIII, Section 80.2.1 Preliminary Plat Preparation and Approval Procedure (and Section 40.2.1.E).
(B) Staff recommends approval of the Preliminary Plat of Vision Bank Addition, Section 1 subject to Technical Issues 1-8 and including the following variances:
1. The developer is requesting a variance to the Section 40.2.8 of the Shawnee sidewalk ordinance that requires a six (6) foot sidewalk. The Preliminary Plat is proposing a four (4) foot sidewalk along both sides of Vision Boulevard. (A six foot sidewalk will be required on Harrison.).
2. The developer is requesting a variance to Section 40.2.1, Table 1, note (2). Subdivision regulations require a ‘turn-around’ at the end of a dead-end street that is more than 150 feet in length.
Section 20.1 of the Shawnee Subdivision Regulations sets the procedure for variance request and approval. A variance is submitted at the time a Preliminary Plat is filed. The Planning Commission must approve any variance request by a vote of 3/4ths of the full membership of the Planning Commission; the approval must be reaffirmed by the Planning Commission at the time of Final Plat approval.
A note listing any approved variances must be placed on the Preliminary Plat and a corrected plat must be submitted to the Shawnee Planning office.
Steve Landes answered questions from the Commission.
Chairman Holt asked for a motion, Commissioner Hadley made a motion, seconded by Commissioner Slavens to grant a variance to the Subdivision Regulations, Article VIII, Section 80.2.1 Preliminary Plat Preparation and Approval Procedure (and Section 40.2.1.E).
Motion carried:
AYE: Hadley, Slavens, Jones, London Holt and Maltos
NAY: None
ABSTAIN: None
Chairman Holt then asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Slavens to approve the Preliminary Plat of Vision Bank Addition, Section 1 subject to Technical Issues 1-8 and including the following variances:
1. Allow a 4’ sidewalk on both sides of Vision Blvd.
2. Not require a turn around subject to Fire Department approval.
AGENDA ITEM NO. 8: Case #S02-08 - Consideration of approval of the final plat of Vision Bank Addition, Section 1 located on the east side of N. Harrison and south of 45th St. (Applicant: Mike McQuain) .
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report.
TECHNICAL ISSUES
1. Public water lines are required to be extended across all street frontage.
2. Building setbacks must be shown on the Final Plat.
3. A 20’ utility easement must be provided along the perimeter of all subdivisions when abutting unplatted property or a 10’ utility easement is required if accompanied by a 10’ off-site easement (40.2.3.B).
4. The plat identifies the governing body as the “City Council” when Shawnee is governed by the “City Commission”.
5. The Final Plat should be identified as ‘Sheet 1 of 1”.
6. Sidewalks are required on both sides of any street classified as a collector or arterial; Vision Boulevard is a collector street.
7. Street designs must be in accordance with Shawnee street standards.
8. “Limits-of-no-Access” is required on Harrison.
9. The Shawnee Fire Department may review the final street layout to resolve any turning movement issues.
Staff recommended approval of the Final Plat of Vision Bank Addition, Section 1 subject to Technical Issues 1-9 and including the following:
1. The developer has requested a variance to the Section 40.2.8 of the Shawnee sidewalk ordinance that requires a six (6) foot sidewalk. The preliminary plat is proposing a four (4) foot sidewalk along both sides of Vision Boulevard. (A six foot sidewalk will be required on Harrison.)
2. The developer has requested a variance to Section 40.2.1, Table 1, Note (2). Subdivision regulations require a ‘turn-around’ at the end of a dead-end street that is more than 150 feet in length.
Section 20.1 of the Shawnee Subdivision Regulations sets the procedure for variance request and approval. A variance is submitted at the time a Preliminary Plat is filed. The Planning Commission must approve any variance request by a vote of 3/4ths of the full membership of the Planning Commission; the approval must be reaffirmed by the Planning Commission at the time of Final Plat approval
A note listing any approved variances should be placed on the preliminary plat and a corrected plat must be submitted to the Shawnee Planning office.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner Maltos to the final plat with Technical issues 1-9 being met, allowing 4’ sidewalks on both sides of Vision Blvd. and not require a turn around subject to Fire Department approval.
Motion carried:
AGENDA ITEM NO. 9: Case #S03-08 Consideration of approval of a short form subdivision for properties located at 820 W. Forrest, 826 W. Forrest and 832 W. Forrest. (Applicant: Shawnee Affordable Housing LP)
Mike Little was in the audience.
Chairman Holt asked for the Staff Report. Mike Cox, Code Enforcement officer for the City of Shawnee presented the staff report. This Short Form Subdivision would be contingent upon approval of a variance request granted to Section 503.4 of the Shawnee Zoning Code which requires a minimum of sixty (60’) feet of lot width at the front building line of each lot. This request is scheduled to be heard by the Zoning Board of Adjustments on the 17th of January 2008.
Staff recommended approval of the request for the lot splits contingent upon the approval of the above mentioned conditions.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Hadley for approval of the Short Form Sub-Division subject Zoning Board of Adjustment approval of the variance requested.
Motion carried:
AYE: Slavens, Hadley, Holt, Maltos, Jones and London
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 10: Discuss the Land Development Code
AGENDA ITEM NO. 11: Commissioner’s Comments
AGENDA ITEM NO. 12: New Business
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