PLANNING COMMISSION MINUTES
DATE: December 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, December 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
Louis Maltos Kirk Hoster
Brad Carter
Absent: Shawna Turner, Rusty Jones and Jimmy Nickles
Note: Jimmy Nickles arrived at 1:35 p.m. during Agenda Item # 4
A quorum was declared present and the meeting was called to order.
AGENDA ITEM NO. 2: Approval of the minutes from the November 5, 2008 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Hoster made a motion, seconded by Commissioner Maltos to approve the November 5, 2008 Planning Commission Meeting minutes.
AGENDA ITEM NO. 3: Approval of the 2009 Calendar year schedule of regular meetings.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Carter to approve the 2009 Calendar of regular meetings.
Motion carried:
AYE: Maltos, Carter, Holt and Hoster
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 4: Case #P38-08- A public hearing for consideration of approval to rezone property from A-1; Agricultural to R-3; Multi-Family District for property located at 1900 W. MacArthur. (Applicant: Tanner Consulting LLC)
Rickey Jones with Tanner Consulting and Steve Lull with Parker Associates were present for the meeting.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report. Mr. Erickson stated that St. Gregory’s is proposing a rezone to R-3 to facilitate the construction of dormitories, which is an allowed use in R-3 zoning. The requested rezone site is approximately 8.3 acres in size. Preliminary plans indicate that a total of 96 housing units are proposed in eight (8) structures.
Staff recommended approval of the request to rezone the subject property from A-1 to R-3.
Justin Erickson answered questions from the Commission. Mr. Erickson explained that a plat would not be necessary, campus development is unique.
John Holt opened the public hearing asking if anyone wanted to speak for this proposal. Rickey Jones, from Tanner Consultants, came forward and thanked the Planning staff their help. Mr. Jones explained the utility lines are private, no easement will be needed.
No one spoke against the proposal.
Chairman Holt asked for a motion, Commissioner Hoster made a motion, seconded by Commissioner Maltos to approve rezoning 1900 W. MacArthur from A-1 to R-3.
Motion carried:
AYE: Hoster, Maltos, Nickles, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 5: Case #P39-08- A public hearing for consideration of approval of approval to rezone property from C-1; Neighborhood Commercial & C-3; Automotive, Commercial & Recreation to C-3; Automotive, Commercial & Recreation for property located at 1414 N. Harrison. (Applicant: Shawnee RE LLC)
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report. Mr. Erickson stated the property is just under 1 acre and is split zoned. Northern & Southern portions are already zoned C-3. A small portion of the property is zoned
C-1. C-3 is a more appropriate zoning for this property. The proposed land use is a restaurant.
Staff recommended approval of the rezoning from C-1 & C-3 to C-3.
Chairman Holt opened the public hearing. No one spoke for or against the proposal.
Chairman Holt asked for a motion Commissioner Hoster made a motion, seconded by Commissioner Carter to approve rezoning 1414 N. Harrison from C-1 & C-3 to C-3. .
AGENDA ITEM NO. 6: Case #S30-08 – Consideration of approval of a preliminary plat for Harrison Ridge Addition located at 1414 N. Harrison. (Applicant: Shawnee RE LLC)
Chairman Holt asked for the Staff Report. Justin Erickson summarized the combined staff report for the preliminary & final plat. The request is for a one lot plat consisting of 0.865 acres. The site is located just south of the new Taco Bell and just north of Dr. Drew Dentistry and features an existing structure (old Taco Bell building, which will be demolished). The submitted one-lot plat accomplishes 3 things. It renames the plat from Taco Bell to Harrison Ridge Addition. A lot line adjustment was completed by the applicant, which gave them 30 addition feet south of the existing site. The platting action also provides for a dedication of additional right-of-way along Harrison to the City.
Staff recommended approval of the preliminary & final plats for Harrison Ridge Addition.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Hoster to approve the preliminary plat of Harrison Ridge Addition.
AGENDA ITEM NO. 7: Case #S31-08 – Consideration of approval of a final plat for Harrison Ridge Addition located at 1414 N. Harrison. (Applicant: Shawnee RE LLC)
Chairman Holt asked for a motion, Commissioner Carter made a motion, seconded by Commissioner Nickles to approve the final plat of Harrison Ridge Addition.
AGENDA ITEM NO. 8: Case #P40-08- A public hearing for consideration of approval to rezone property from A-1; Agricultural and R-1; Residential to R-1 Residential for property located at 1804 N. Elm. (Applicant: John Barrett)
John Barrett was present for the hearing.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report.
Mr. Erickson stated the site is approximately 5.2 acres. The surrounding zonings are A-1 and R-1. This property is split zoned, with a segment in the middle zoned R-1 and the property to the north and south zoned A-1. The Comprehensive Plan designates this area as residential. Mr. Erickson stated there was one letter received, with concerns with the type of properties that would be located there. He explained if the property is zoned R-1 duplexes, apartments, triplexes and such would not be allowed.
Staff recommended approval of the request to rezone the subject property from A-1 to R-1.
The applicant, John Barrett came forward and answered questions from the Commission.
John Holt opened the public hearing and asked if there was anyone for or against the proposal. Frank Harris and Ernie Taber came forward with questions. John Barrett answered their questions.
Chairman Holt asked for a motion. A motion was made by Commissioner Maltos, seconded by Commissioner Nickles to approve the rezoning from A-1 to R-1 for property located at 1804 N. Elm.
Motion carried:
AYE: Maltos, Nickles, Hoster, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 9: Case # S29-08- Consideration of approval of a preliminary plat for Jackson’s First Addition located at 1804 N. Elm. (Applicant: John Barrett).
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report.
Mr. Erickson stated this is the associated plat with the previous zoning case. Lot sizes range from 9,060 square feet to just over 1.0 acre. The minimum lot size in the R-1 Zone is 6,000 square feet.
Staff recommended approval of the proposed preliminary plat as submitted by the applicant, subject to the following conditions:
1. A building envelope shall be depicted on the final plat for Lot 10 and Lot 11, which demonstrates compliance with Section 40.2.9 of the Shawnee Subdivision Regulations.
2. The front building line for Lot 10 and Lot 11 shall be as established on the final plat and as approved by the City.
3. The proposed sidewalk located between Lot 1 and Lot 2 shall be constructed prior to issuance of the certificate of occupancy for Lot 11.
4. Sidewalks shall be constructed as shown on the preliminary plat and in accordance with Section 40.2.8 and shall be installed prior to occupancy on each subject lot. A 5-foot passing lane is required (per ADA) every 200 feet and such passing area shall be shown on the improvement plans and constructed as approved.
5. A 10-foot right-of-way dedication is required along Elm Street unless otherwise approved by the City Engineer.
6. Street improvements shall be as approved by the City Engineer.
John Holt asked for a motion. A motion was made by Commissioner Carter seconded by Commissioner Nickles to approve the preliminary plat for Jackson’s First addition located at 1804 N. Elm with 6 conditions being met as follows: Striking condition # 3 and striking the phrase “as shown on preliminary plat” from condition # 4. And adding the 40’ cross drive access easement to be reviewed by staff.
1. A building envelope shall be depicted on the final plat for Lot 10 and Lot 11, which demonstrates compliance with Section 40.2.9 of the Shawnee Subdivision Regulations.
2. The front building line for Lot 10 and Lot 11 shall be as established on the final plat and as approved by the City.
3. Sidewalks shall be constructed in accordance with Section 40.2.8 and shall be installed prior to occupancy on each subject lot. A 5-foot passing lane is required (per ADA) every 200 feet and such passing area shall be shown on the improvement plans and constructed as approved.
4. A 10-foot right-of-way dedication is required along Elm Street unless otherwise approved by the City Engineer.
5. Street improvements shall be as approved by the City Engineer.
6. The 40’ cross drive access easement to be reviewed by staff
AGENDA ITEM NO. 10: Case # S27-08- Consideration of approval of a preliminary plat for Sehorn Commercial Plaza located in the 2250 block of N. Harrison. (Applicant: Mark Sehorn) Center)
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report.
The first phase of the project includes three commercial lots that will gain access from N. Harrison. The second phase consists of a single 4.01 acre lot. The applicant has requested a variance related to driveway spacing. Section 40.2.1 (Table 2) of the Shawnee Subdivision Regulations requires a driveway spacing of 175 feet. The submitted preliminary plat shows three proposed driveways. The proposed spacing between the first and second driveway (north to south) is 159 feet. Staff has reviewed the variation request and finds that it meets the standards set forth under Section 20.1 of the Shawnee Subdivision Regulations.
Staff recommended approval of the preliminary plat subject to the 5 conditions.
1. The requested variation for a driveway spaced at 159 feet rather than 175 feet is approved in accordance with the driveway location and spacing shown on the preliminary plat.
2. The front building line for Lot 3 (Phase 1) shall be as established on the final plat and shall meet the dimensional standards of the Shawnee Zoning Code.
3. Sidewalks shall be constructed as shown on the preliminary plat and in accordance with Section 40.2.8 and shall be installed prior to occupancy on each subject lot.
4. The “common area and drainage easement” shall be constructed during Phase 1 and those lots benefiting from its construction shall be given access via an easement notation on the face of the recorded plat or a separate recorded instrument, subject to approval by the City Engineer.
5. Lot 1, Phase II requires a minimum lot area of 5.0 acres and therefore may only be approved and recorded upon adjustment in lot area or rezoning of the property. No building permit can be issued for a non-conforming lot, where the hardship is self-imposed.
John Holt asked for a motion. A motion was made by Commissioner Maltos seconded by Commissioner Hoster approve the preliminary plat subject to the 5 conditions being met, for Sehorn Commercial Plaza.
Motion carried:
AYE: Maltos, Hoster, Carter, Holt and Nickles
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 11: Case # S28-08- Consideration of approval of a final plat for Sehorn Commercial Plaza located in the 2250 block of N. Harrison. (Applicant: Mark Sehorn)
Justin Erickson asked this item to be deferred to the next meeting to give the applicant time to prepare improvements and engineering plans.
Commissioner Holt asked for a motion, Maltos made a motion seconded by Carter to defer this item to the January 7, 2009 meeting.
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