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, August 6, 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
Jimmy Nickles Louis Maltos
Shawna Turner
Absent: Rusty Jones and Kirk Hoster
New Commissioner Brad Carter was also present at meeting.
A quorum was declared present and the meeting was called to order.
Nancy McNayr, Planning Consultant was present to give the staff reports.
AGENDA ITEM NO. 2: Approval of the minutes from the July 2, 2008 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Nickles made a motion, seconded by Commissioner Maltos to approve the July 2, 2008 Planning Commission Meeting minutes.
Motion carried:
AYE: Nickles, Maltos, Turner and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 3: Swear in Brad Carter to the Planning Commission.
Brad Carter was sworn in as Planning Commissioner.
AGENDA ITEM NO. 4: Case #P01-08- A public hearing for consideration of approval to rezone property from R-1; Residential and C-3; Automotive, Commercial & Recreation to a Planned Unit Development for property located at 712 E. Highland (Applicant: John Weger obo Shawnee Auto Mall)
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report explaining that during the review process it was discovered the current zoning of the property also included a small parcel zoned C-1. The public notice was incorrect therefore a new notice will need to be mailed & published for the September 3, 2008 meeting.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Turner to continue this item to September 3, 2008 meeting.
Motion carried:
AYE: Maltos, Turner, Nickles, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 5: Case #P25-08 - A public hearing for consideration of approval to rezone property from A-1; Agricultural and I-1; Light Industrial to C-1P; Neighborhood Commercial with a Conditional Use Permit to allow for a mini-storage for property located at 5629 N. Harrison. (Applicant: Robert Woodmore).
Robert Woodmore was present.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr stated there were 3 technical issues to be considered.
1. Property will need to be platted prior to receiving a building permit.
2. Sidewalks will be required as part of any development along Westech Road or Harrison.
3. Right-of-Way may be required along Harrison or Westech as part of any platting process.
Staff recommended approval of the rezoning to C-1 with a Conditional Use Permit to allow for a mini-storage with the 3 technical issues being met.
Chairman Holt opened the public hearing and asked if anyone was for or against this proposal. No one came forward.
Chairman Holt asked for a motion Commissioner Nickles made a motion, seconded by Commissioner Maltos to approve the rezoning to C-1P with a Conditional Use Permit to allow for a mini storage, with technical issues 1-3 being met.
Motion carried:
AYE: Nickles, Maltos, Turner, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 6: Case #P26-08 - A public hearing for consideration of approval of a Conditional Use Permit to allow for the sale of beer for off premise consumption in C-3 district for property located at 14108 Acme Rd. (Applicant: Mizra Beg obo A & B Stores INC.)
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr explained the property is currently zoned C-3. This site also has a retail and restaurant building NE of the convenience store. The convenience store has sold beer in the past. The ownership is changing and requires a Conditional Use Permit. Staff recommended approval of the Conditional Use Permit with the following conditions:
1. Approval should be conditioned upon all required state and local permits being received by the new store owners.
2. Approval should be conditioned upon the permit to sell beer for off-premise consumption being limited to the one existing convenience store located at 14108 Acme Rd.
Chairman Holt opened the public hearing and asked if anyone was for or against this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Turner to approve the Conditional Use Permit to allow for the sale of off premise consumption subject to staff recommendations for property located at 14108 Acme Rd.
Motion carried:
AYE: Maltos, Turner, Nickles, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 7: Case #S19-08 - Consideration of approval of a preliminary plat for Shawnee Mall Subdivision 3 located East of Kickapoo on I-40 frontage. (Applicant: SMC Consulting Engineers P.C.)
Muhammad Khan obo SMC Consulting Engineers P.C. and Scott Kingrey, manager of Shawnee Mall were present.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. The proposed preliminary plat is the second step of development; this property was zoned to the Planned Unit Development of Shawnee Mall Subdivision Section 3 (P14-08) in May, 2008.
TECHNICAL CONSIDERATIONS:
1. Drainage, Public Utilities. The City Engineer is reviewing the drainage information submitted with this application
2. Utility Easements. There are several utilities (gas/electrical) on the preliminary plat that do not show the proper information for existing utility easements. All exiting easements should be shown by Book and Page.
3. Cross Access Agreements. Book and Page numbers for cross access agreements providing access to these lots should shown on the final plat through recorded covenants and restrictions or other type of filed document
4. Parking Space Study. Referencing the PUD document, (shared parking for these 3 tracts and Lots 2 and 8 of Block A Shawnee Mall), prior to receiving a building permit, the applicant must show by number and graphically that the parking requirements for any new building permit application meets the City’s parking requirements.
5. Off-Site Shared Parking Reserve Area. Off-site shared parking spaces may be counted toward the required number of parking spaces needed for each lot within this Planned Unit Development. Off-site shared parking is permitted in order to comply with parking requirements. Off-site shared parking is further limited to the boundaries of Lots 2 and 8 of Block A of the Shawnee Mall Subdivision plat. Offsite shared parking spaces must be designated by the applicant on the Preliminary and Final Plat as the “Shared Parking Easement.” These areas must be protected from construction of any above ground permanent obstructions and structures.
6. Traffic Study. The PUD requires that, prior to receiving a building permit, the developer must complete a Traffic Impact Analysis of the proposed development. Because such a study may identify traffic improvements necessary for this development, the Planning and Engineering staff request this study be complete prior to any Final Plat being filed. If any improvements are identified as necessary or directly impact development issues related to this subdivision, this Preliminary Plat (or subsequent Final Plat) may be brought back to the Planning Commission for further consideration.
Staff recommended approval with Technical Issues 1-6 being met.
Muhammad Khan came forward and answered questions from the Commission.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Carter to approve the preliminary plat subject to Technical Issues 1-6 being met and the traffic study being brought back to the Planning Commission.
AGENDA ITEM NO. 8: Case #S20-08 - Consideration of approval of a final plat for Shawnee Mall Subdivision 3 located East of Kickapoo on I-40 frontage. (Applicant: SMC Consulting Engineers P.C.)
Chairman Holt asked for the staff report. Nancy McNayr stated this item is the very same as the preliminary plat except for one more Technical issue to be considered. The final plat document wording should be changed to read “City Commission” on dedication acceptance note instead of “City Council”. Staff recommended approval of the final plat with Technical issues 1-7 being met and traffic study information brought back to Planning Commission.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Nickles to approve the final plat with technical issues 1-7 being met and traffic study brought back to Planning Commission.
Motion carried:
AYE: Maltos, Nickles, Carter, Holt and Turner
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 9 Presentation of Oklahoma Planning Commissioner’s Handbook.
Nancy McNayr stated this item was for discussion only, no action required. She deferred this item to after adjournment.
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