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, June 4, 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
Pat London Robert Slavens
Absent: Rusty Jones and Louis Maltos
Note: Louis Maltos arrived at 1:36.
New Commissioners, Shawna Turner and Kirk Hoster were also present.
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 May 7, 2008 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner London to approve the May 7, 2008 Planning Commission Meeting minutes.
AGENDA ITEM NO. 3: Approval of the minutes from the May 15, 2008 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner London to approve the May 15, 2008 Planning Commission Meeting minutes.
AGENDA ITEM NO. 4: Swear in Joe Ford, Kirk Hoster and Shawna Turner to the Planning Commission.
Commissioners Kirk Hoster and Shawna Turner were sworn in as Planning Commissioners by Karen Drain. After swearing in the Commissioners, Pat London and Robert Slavens gave up their seats to the new Commissioners.
Note: Let the record show we deviated from the agenda. Chairman Holt asked that Agenda Item 5 and 9 be moved and heard after Agenda Item 12. Agenda Item 9 was heard after Agenda Item 12 then Agenda Item 5 was heard.
AGENDA ITEM NO. 5: Consider changing date and/or times of Planning Commission Meetings.
There was a discussion concerning changing the days & times of the Planning Commission meetings. The board decided to give the new Commissioners a chance to attend a few meetings before making any changes.
AGENDA ITEM NO. 6: Case #P18-08 - A public hearing for consideration of approval of a Conditional Use Permit to allow for the sale of beer & alcohol in C-3 zoning for on premise consumption for property located at 4900 N. Harrison (Applicant: Harshil Patel obo Shiv Properties LLC.).
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr explained there is a change of ownership for this establishment. Staff recommended approval of the Conditional Use Permit to allow for the sale of beer & alcohol for on premise consumption at 4900 N. Harrison.
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 Nickles made a motion, seconded by Commissioner Maltos to approve the Conditional Use Permit to allow for the sale of beer & alcohol for on premise consumption at 4900 N. Harrison
AGENDA ITEM NO. 7: Case #P19-08 - A public hearing for consideration of approval of a Conditional Use Permit in C-1 zoning to allow for furniture and home furnishings sales for property located at 1801
W. MacArthur. (Applicant: Kermit Milburn.)
Chairman Holt asked for the Staff Report. Nancy McNayr reported there was a letter submitted by Ben Kirk, attorney for the applicant, requesting this item to be postponed until the July 2, 2008 meeting.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Nickles to postpone this item to July 2, 2008 meeting.
Motion carried:
AGENDA ITEM NO. 8 Case #P20-08 - A public hearing for consideration of approval to rezone property from R-1; Residential to C-3; Automotive, Commercial & Recreation for property located at 4440 N. Kickapoo (Applicant: Dao Nguyen)
Mr. Nguyen was in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr explained C-1 would be a more appropriate zoning for this location due to the Residential area directly behind this address. Staff recommended approval C-1, Neighborhood Commercial zoning for 4440 N. Kickapoo.
John Holt asked if there were any questions. Mr. Nguyen came forward and answered questions from the board. Mr. Nguyen explained the intended use would be commercial, either a car lot or restaurant.
John Holt opened the public hearing asking 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 Nickles to approve the rezoning from R-1 to C-1 for property located at 4440 N. Kickapoo.
Motion carried:
AYE: Maltos, Nickles, Turner, Holt and Hoster.
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 9 Case #P20-08 - A public hearing for consideration of approval of to rezone property from R-1; Residential to R-3; Multi-Family District for property located at the SW corner of Leo & MacArthur (Applicant: Gary Carpenter)
Gary Carpenter was in the audience. Mr. Joe Freeman, attorney for property owners protesting the proposal was also in the audience, along with several property owners.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr stated the applicant wishes to establish a multi-family use on this property. A large protest letter has been submitted with 221+ signatures. Staff is concerned with issues concerning driveway & parking lot placement, building height and lighting. The request does not appear to be in conformance with the comprehensive plan. Staff recommended denial of the rezoning.
Mr. Gary Carpenter came forward with his reasons for wanting the rezoning. He explained it would be a single story with 4 units containing 4 apartments each.
John Holt opened the public hearing asking if anyone was for or against this proposal. Joe Freeman, attorney came forward on behalf of the protestors. He stated their concerns for not wanting the rezoning. He requested the rezoning to be denied. John Myers, property owner, also came forward asking for denial.
The Planning Commission asked Mr. Carpenter if he would consider R-2 zoning, which would allow for duplexes. He replied that would not allow him to get maximum use from the property.
Chairman Holt asked for a motion, Commissioner Turner made a motion, seconded by Commissioner Maltos to deny the rezoning from R-1 to R-3 for property located at the SW corner of Leo & MacArthur.
AGENDA ITEM NO. 10 Case #P22-08 - A public hearing for consideration of approval to rezone property from R-3; Multi-Family to C-3; Automotive, Commercial & Recreation for property located at 304 E. MacArthur (Eric & Loree Hopkins)
Loree Hopkins was in the audience.
Nadine Holloway was also present.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr stated a more appropriate zoning for this area would be C-2, Suburban Office. Staff recommended approval of the rezoning.
Loree Hopkins came forward and explained the reasons for wanting the C-3 zoning. She explained they wanted to move their dental practice to this location and would like C-3 zoning for future use, but nothing specific at this time. Mrs. Hopkins answered questions from the Commission.
John Holt opened the public hearing asking if anyone was for or against this proposal.
Nadine Holloway, owner of Cedar Terrace apartments came forward to protest the rezoning.
There was a lengthy discussion between the Planning Commission & Mrs. Hopkins. Nancy McNayr answered questions concerning requirements for a Planned Unit Development.
Chairman Holt asked for a motion, Commissioner Hoster made a motion, seconded by Commissioner Turner to approve the rezoning from R-3 to C-2 for property located at 304 E. MacArthur.
Motion carried:
AYE: Hoster, Turner, Holt, Maltos and Nickles
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 11: Case #S17-08 – Consideration of approval of the preliminary plat for Wall Family LLC located at 1600 N. Harrison. ( Applicant: Wall Co)
Steve Landes and Bill Thurman were in the Audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation.
Variance requested:
A. Consider a request to grant a variance to the Subdivision Regulations Article IV, Section 40.2.3.B Easements and Utilities, 20 foot side yard (south property line) utility easement.
The side utility easement is not needed: this is an existing development, an existing structure makes this easement unnecessary; the applicant has provided 25 foot utility easement on the west side of this plat.
B. Consider a request to grant a variance to the Subdivision Regulations Article IX, Section 60.9.3.H requiring hard surface construction:
The contractor or designated person in charge of any construction site for commercial, industrial, mercantile, educational, institutional, assembly, hotel, motel, single—family, duplexes, and multi—family dwelling or mobile home park uses shall provide and maintain an approved hard surface all—weather access fire lane, not less than twenty (20) feet in width, to be shown on approved site plans. Such access fire lane at beginning and during construction shall be at least a graded road bed with a gravel surface. At such time that construction has progressed to completion, the access lane shall be an approved hard surfaced, all—weather lane, before any occupant be allowed to occupy said structure.
The Shawnee Fire Department has given this comment: Gravel has been acceptable with our office. The Shawnee fire code says: Fire apparatus access roads shall be designed and maintained to support the imposed load (50,000 lbs.) of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. An engineer's statement that the fire lane meets those requirements will be required.
Technical Issues to consider:
1. Should the Planning Commission not approve the request for a variance to the side yard utility easement found in the Subdivision Regulations, Article IV, Section 40.2.3, the side yard utility easement will have to be addressed by the applicant.
2. Should the Planning Commission not approve the variance concerning construction standards of fire lanes (Section 60.9.3.H), the standard for hard surface fire lanes will not be altered.
3. Sidewalks are required on each side of any street classified as a collector or arterial. A six (6) foot sidewalk will be required on Harrison.. Section 40.2.8. The sidewalk must be shown on the Preliminary Plat.
4. “Limits-of-no-Access” is required on the lot frontage on Harrison outside the existing driveway.
5. Public water lines are required to be extended. The City Engineer and the developer are negotiating on the extent of the public line and the beginning of the private lines.
6. All Engineering requirements must be met; all drainage plans and public improvement plans must be submitted for approval as required by the City Engineer.
7. Landscaping will be required as per the Shawnee Zoning Code with any development of this property.
8. A revised Preliminary Plat must be submitted in a timely manner for staff review prior to this application being heard by the City Commission.
Staff recommended approval of the variances and approval of the preliminary plat with technical issues 1-8 being met.
Bill Thurman and Steve Landes answered questions from the Board.
Chairman Holt asked for a motion, Commissioner Nickles made a motion, seconded by Commissioner Maltos to grant the variance to the Subdivision Regulations Article IV, Section 40.2.3.B Easements and Utilities, 20 foot side yard (south property line) utility easement.
Motion carried:
AYE: Nickles, Maltos, Hoster, Turner and Holt
NAY: None
ABSTAIN: None
Chairman Holt then asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Hoster to grant the variance to the Subdivision Regulations Article IX, Section 60.9.3.H requiring hard surface construction, with fire department approval and meeting all other municipal codes.
Motion carried:
AYE: Maltos, Hoster, Nickles, Turner and Holt
NAY: None
ABSTAIN: None
Chairman Holt asked for a motion, Commissioner Turner made a motion, seconded by Commissioner Maltos to approve the Preliminary Plat with technical issues 1-8 being met and with approval of the variances.
Motion carried:
AYE: Turner, Maltos, Hoster, Nickles, and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 12: Case # S18-08- Consideration of approval of the final plat for Wall Family LLC located at 1600 N. Harrison. (Applicant: Wall Co.)
Chairman Holt stated this is the final plat for Wall Family LLC that was just discussed.
Chairman Holt asked for a motion, Commissioner Nickles made a motion, seconded by Commissioner Turner to approve the Final Plat with technical issues 1-8 being met and with approval of the variances.
Motion carried:
AYE: Nickles, Turner, Holt, Maltos and Hoster
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 13: New Business
Chairman Holt made a motion to appoint Louis Maltos as Vice-Chairman to the Planning Commission, seconded by Commissioner Turner.
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