PLANNING COMMISSION MINUTES
DATE: September 3, 2008
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, September 3, 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 Kirk Hoster
Brad Carter
Absent: Rusty Jones
A quorum was declared present and the meeting was called to order.
AGENDA ITEM NO. 2: Approval of the minutes from the August 6, 2008 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Nickles made a motion, seconded by Commissioner Carter to approve the August 6, 2008 Planning Commission Meeting minutes.
AGENDA ITEM NO. 3: Case #P01-08- A public hearing for consideration of approval to rezone property from R-1; Residential, C-1; Neighborhood Commercial 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) Deferred from August 6, 2008 meeting.
John Weger was in the audience.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report. Mr. Erickson recommended approval of the Planned Unit Development with technical issues 1-3 being met.
1. Hard Surface: If used for parking of any kind, the parking area must be hard surfaced.
2. As part of any Building Permit, Zoning Clearance Permit, or Occupancy Permit, sidewalks, fencing, lighting, and landscaping may be required as per Shawnee Codes.
3. Staff has requested clarification on ownership of the property.
Also the general regulations need to be further detailed in the Design Statement prepared by JTK Engineering Company that was submitted by the applicant
Mr. Erickson answered questions from the Commission.
John Weger came forward and answered questions from the Commission.
John Holt opened the public hearing asking if anyone wanted to speak for or against this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Hoster made a motion, seconded by Commissioner Maltos approve the rezoning with Technical Issues 1-3 being met and the general regulations need to be further detailed in the Design Statement prepared by JTK Engineering Company.
Motion carried:
AYE: Hoster, Maltos, Turner, Nickles, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 4: Case #P27-08- A public hearing for consideration of approval of a Conditional Use Permit to allow for a mobile home in A-1; Agricultural District for property located 31709 Westlake Rd. (Robert & Judy Foust)
Robert & Judy Foust were in the audience.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report.
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.
4. 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.
5. Covered front and rear porches and site-built steps must be constructed with exterior materials matching the structure.
This 20 acre site has one residential structure existing. The structure is old and will not be used once the manufactured home is moved to the site. The applicant has indicated that the structure will be used for storage. Therefore, Staff recommends one additional condition:
Condition 6. The existing structure shall not be used for residential purposes upon installation and acceptance of the manufactured home by the City. Use of the existing home for storage and other incidental use is permitted.
Staff recommended approval of the request for approval of a Staff recommends approval of the request for approval of a Conditional Use Permit to allow for a manufactured home with Conditions 1-6 being met.
Mr. Foust answered questions from the Commission.
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 Turner made a motion, seconded by Commissioner Hoster to approve the Conditional Use Permit to allow for a manufactured home with Conditions 1-6 being met.
AGENDA ITEM NO. 5: Case #P28-08- A public hearing for consideration of approval to rezone property from R-2; Combined Residential to C-2; Suburban Office for property located at 202, 204 & 212 N. Harrison (Applicant: Sac & Fox Nation)
Jack Thorpe, Executive Director for Sac & Fox Housing Authority was present for the meeting.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report.
The main office of the Sac and Fox Nation is east (across Harrison) from the subject site. The office building has been at this location over 20 years. The proposed governmental office at 202 Harrison will be an extension of the existing Sac & Fox Nation governmental office.
This request (C-2) is in questionable conformance to the Comprehensive Plan. The Comprehensive Plan is a guide. Consideration of development applications should take into account current zoning, land use conditions, and development proposals. Staff recommends the Planning Commission consider the C-2; Suburban Office Zoning District as an alternative low-intensity development for this area of the Harrison Corridor. Low-intensity office and professional uses provide a transition between more intense uses and residential areas. Should the Planning Commission and City Commission decide that C-2 is an appropriate transition zoning district in this area, the Planning Commission and City Commission may want to consider including this in a planning update study in the near future.
Mr. Erickson answered questions from the Commission.
Jack Thorpe came forward and explained the Sac & Fox Housing need for more space for their Administrative Offices.
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 Hoster to approve rezoning for offices only from R-2; Combined Residential to C-2; Suburban office for properties located at 202, 204 & 212 N. Harrison.
AGENDA ITEM NO. 6: Case #P29-08- A public hearing for consideration of approval to rezone property from R-1; Residential to C-2; Suburban Office for property located at 3980 N. Kickapoo (Applicant: Kurt Kalies)
Kurt Kalies was present for the meeting.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report. This request conforms to the Comprehensive Plan. Staff recommended approval of the rezoning.
Kurt Kalies came forward and answered questions from the Commission. He explained this proposal is for an Audiology Clinic.
Chairman Holt opened the public hearing asking if there was anyone for or against the proposal. Timothy Hollingsworth came forward concerning property adjacent to this property. He asked about the impact on the neighborhood. Mr. Kalies said he would see approximately 30 patients a day. The clinic would be open 9:00 a.m. to 5:00 p.m.
Omar Stifer with Brookdale Sr. Living, owner of the Sterling House came forward. Mr. Stifer stated he came to the meeting to see what was going here and after his review he stated they are in support of the rezoning.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Turner to approve the rezoning to C-2 for property located at 3980 N. Kickapoo.
Motion carried:
AYE: Maltos, Turner, Nickles, Hoster, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 7: Case #P30-08- A public hearing for consideration of approval of a One Operator Beauty Parlor for property located at 8 Choctaw. (Applicant: Garry & Sandra Duke)
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report.
Staff recommended approval of the request to a Beauty Parlor in a Residential District as a Home Based Business subject to all City codes and conditions.
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 Hoster made a motion, seconded by Commissioner Carter to approve the One Operator Beauty parlor subject to all City codes and conditions for property located at 8 Choctaw.
Let the record show Mr. Holt requested to hear items 9, 10 and 11 before returning to Agenda Item 8.
AGENDA ITEM NO. 8 Case #P31-08- A public hearing for consideration of approval of a Conditional Use Permit to allow for the sale of beer & alcohol for on premise consumption in C-4, Central Business District, for property located at 118 E. Main. (Applicant: Kevin Bentley)
Kevin Bentley, partner of the Brick Pub & Pizzeria and several citizens were present for the meeting.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report.
The proposed use is in general conformance with the Shawnee Comprehensive Plan. Staff recommends approval of the requested Conditional Use Permit in the C-4 Zoning district (C-4P) to sell beer and alcohol for on-premise consumption for a pub and restaurant (grill) at this location. Approval should be conditioned upon all required state and local permits being received by the operators. Mr. Erickson pointed out there were 3 letters submitted concerning this case. The main concern is that this operation stays as a restaurant and a pub, not just a pub.
There was a question and answer session between the Commission and Mr. Erickson.
Kevin Bentley came forward and explained this proposal is for a pub and pizzeria. There was a lengthy question and answer session between Mr. Bentley and the Commission.
John Holt opened the public hearing and asked if there was anyone for or against the proposal. Several citizens came forward with questions for Mr. Bentley and the Commission. No one spoke against the proposal.
A motion was made by Commissioner Carter, seconded by Commissioner Turner to approve the Conditional Use Permit to allow for the sale of beer and alcohol for on premise consumption for property located at 118 E. Main . Approval conditioned on staying as a restaurant by state definition and all local & state permits being obtained.
AGENDA ITEM NO. 9: Case #S21-08- Consideration of approval of a preliminary plat for Woodmore Addition located at Westech & Highway 18 (Applicant: Robert Woodmore.)
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report.
Staff recommended approval with the following variances & technical issues.
Technical Issues:
1. Sidewalks will be required as part of any development along Westech Road or Harrison.
2. “Limits-of-no-Access” is requested along the west lot frontage of Lot 1 on Westech Road: 200 feet centerline of Harrison.
3. All Engineering requirements must be met; all drainage plans and public improvement plans must be submitted for approval as required by the City Engineer.
Variance Issues:
A. Variance request to the south rear yard utility easement requirement for Lot 1 (Subdivision Regulations Article IV 40.2.3.B Easements and Utilities) – allow 10 foot U/E.
B. Variance request to the east and west side yard utility easement requirement for Lot 2 (Subdivision Regulations Article IV 40.2.3.B Easements and Utilities) – allow 10 foot U/E.
C. Variance request to the driveway separation requirement (Subdivision Regulations Article IV 40.2.1.R.1 Table 2) – allow minimum 100 foot separation.
John Holt asked for a motion to consider the variances requested. A motion was made by Commissioner Turner seconded by Commissioner Nickles to approve the 3 variances requested.
John Holt then asked for a motion to approve the preliminary plat of the Woodmore Addition. Commissioner Nickles made a motion, seconded by Commissioner Hoster to approve the preliminary plat for the Woodmore Addition with the 3 technical issues being met and granting the variances.
AGENDA ITEM NO. 10: Case #S22-08- Consideration of approval of a final plat for Woodmore Addition located at Westech & Highway 18 (Applicant: Robert Woodmore.)
Steve Landes & Pat McCormick were present for the meeting.
Note: 2:10 p.m Chairman Holt asked for a 5 minute break. The meeting resumed at 2:15 p.m.
Chairman Holt stated that staff has requested this item to be deferred until October 1, 2008.
Steve Landes, engineer for the plat, requested that the Planning Commission move forward with this case asking for approval pending certain items be put in place. Mr. Landes explained solutions to the sewer line and other issues. Mr. Landes answered questions from the commission.
After the discussion John Holt asked Justin Erickson if he still wanted to defer this item. Mr. Erickson said he could not recommend approval at this time and ansked it to be deferred.
John Holt asked for a motion, Commissioner Nickles made a motion, seconded by Commissioner Maltos to defer this time to the October 1, 2008 meeting.
Motion carried:
AYE: Nickles, Maltos, Turner, Hoster, Carter and Holt.
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 11: Case #S23-08- Consideration of approval of the final plat for Majestic Dominion located at I-40 & Harrison (Applicant: Majestic Dominion)
Mark Crook project manager for Majestic Dominion was present for the meeting.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report.
Technical Issues:
1. The City Engineer is reviewing the improvement plans for this Final Plat. A performance bond may be required.
2. Sidewalks. Sidewalks will be required as per Shawnee Code on Transportation Parkway.
3. The utility easement along the north side of Common Lot A must be extended in some manner to serve Lot 1 of this Final Plat.
4. The utility easements shown outside the Final Plat - along the east and northeast boundary - must be included in this Final Plat. A note must be placed on the face of the Final Plat indicating these easements are part of the Final Plat; the legal description should include these areas in some manner.
5. The name of this Final Plat should include the text “Phase 1” or “Section 1” to indicate this is a phased development.
Staff recommended approval of the Final Plat of Majestic Dominion Addition, Section 1 subject to Technical Issues 1-5. The technical considerations can be addressed by Staff and the applicant in advance of the City Commission meeting and/or prior to recording.
Mark Crook came forward and explained phase 1 will be an apartment complex and answered questions from the Commission.
John Holt asked for a motion. Commissioner Nickles made a motion, seconded by Commissioner Maltos to approve the Final Plat of Majestic Dominion Addition, Section 1 subject to Technical Issues 1-5.
Motion carried:
AYE: Nickles, Maltos, Turner, Hoster, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 12: A public hearing for consideration of approval of the Shawnee Trails Master Plan amending the Comprehensive Plan. Presentation given by Steve Hatfield of Howell & VanCuren.
Steve Hatfield and Joe Howell were present for the meeting. There were also several Trails Master Plan Steering Committee members present.
Commissioner Jimmy Nickles was excused at 3:15 before hearing this item.
John Holt asked for a staff report. Justin Erickson summarized the staff report. Staff recommended of the Shawnee Trails Master Plan as an amendment to the Shawnee Comprehensive Plan.
Steve Hatfield with Howell and VanCuren, came forward and thanked the Steering Committee for being a part of this process. He gave a power point presentation of the Shawnee Trails Master Plan and answered questions during the presentation.
John Holt asked for a motion. Commissioner Hoster made a motion, seconded by Commissioner Turner to the Shawnee Trails Master Plan amending the Comprehensive Plan.
Motion carried:
AYE: Hoster, Turner and Carter
NAY: Holt
ABSTAIN: Maltos
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