The Planning Commission of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in the Commission Chambers, at City Hall, 9th and Broadway, on Wednesday, March 5th, 2014 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:
Chairman Turner opened the Citizens’ Participation and asked if anyone would like to
speak. No one came forward.
AGENDA ITEM NO. 4: Case #P05-14 – A public hearing for consideration of approval to rezone property located at 3720 N. Bryan from R-1; Residential Single Family to R-E; Residential Estates District
Applicant: Janice Percell
Chairman Turner asked for the staff report. Justin Debruin presented the staff report.
Staff recommended approval to rezone from R-1 to R-E.
Chairman Turner opened the public hearing asking if anyone wanted to speak for the
proposal. Commissioner Silvia asked if the State would approve the sewer being
placed in the front of the property by Bryan Street. Justin Erickson informed him the
State did not have setback requirements for the Sewer.
Chairman Turner asked for a motion. Commissioner Cowen made a motion,
seconded by Bergsten to approve the rezoning from R-1 to R-E.
AGENDA ITEM NO. 5: Case #P03-14 – A public hearing for consideration of approval to rezone property located at 8 & 12 E. Macarthur from C-1; Neighborhood Commercial District to C-3; Automotive and Commercial Recreation District
Applicant: James T. Kerr
Chairman Turner asked for the staff report. Justin Debruin presented the staff report.
Staff recommended approval to rezone from C-1 to C-3.
Chairman Turner asked what the business hours would be. Justin Erickson informed her they would be daytime hours with possible extended hours but not overnight. Chairman Turner then asked what the necessity for C-3 zoning would be. Justin Erickson relayed that there would be more flexibility with signage and the requested zoning would allow for electronic signs to be used. He also mentioned that the zoning is consistent with the surrounding properties.
Chairman Turner opened the public hearing asking if anyone wanted to speak on the proposal. Warren Rutherford came forward with concerns about what type of business would be going in there as well as the current zoning. Terry Kerr then came forward to speak on behalf of the applicant. Chairman Turner discussed the concerns with how the lighting associated with the sign would affect the residential homeowners on the back half of the property. Mr. Kerr informed her that the sign would dim at night. Chairman Turner also asked Mr. Kerr to describe the parking. He said it would be an L shape with access off MacArthur and Bell Street.
Chairman Turner asked for a motion. Commissioner Silvia made a motion to approve as described by staff, seconded by Commissioner Carter
AGENDA ITEM NO. 6: Case #P02-14 – A public hearing for consideration of approval of a Conditional Use Permit to allow for the sale of mixed beverages for on premise consumption in C-4 zoning located at 6 W. Main Street
Applicant: Rob & Misty Hardison
Chairman Turner asked for the staff report. Justin Debruin presented the staff report.
Staff recommended conditional approval of the Conditional Use Permit provided it is
used for incidental purposes. Alcohol sales must be under 50 % of total sales.
Commissioner Bergsten expressed concerns regarding the dance studio next door
and the possibility of complications associated with the sale of mixed beverages.
Chairman Turner asked if there were any state regulations regarding the Conditional
Use Permit being located next door to the dance studio. Justin Debruin informed her
there were not any and Justin Erickson explained the city licensing requirements.
Chairman Turner opened for public comments. Misty Hardison came forward and
Informed the public that she planned on meeting with the dance studio in regards to
scheduling times around the studios’ class times so as to not interfere with them.
Misty also mentioned they would have a family operated business. Chairman Turner
asked that the Conditional Use Permit be non-transferable and add as a condition.
Chairman Turner asked for a motion. Commissioner Cowen made a motion to
approve with the condition the permit is non-transferable, seconded by
Commissioner Hoster with Commissioner Silvia clarifying that the motion to approve
would be with condition described by Staff and with condition the permit is non
transferable.
AGENDA ITEM NO. 7: Case #S02-14 – Consideration of approval of a Final Plat for North Harrison Street Business Park located at Harrison and Wolverine Road
Applicant: Redbud Development, LLC
Chairman Turner asked for the staff report. Justin Erickson presented the staff report.
Chairman Turner asked for the applicant to come forward. Richard Landes came forward to answer any questions. Mr. Landes explained the delays with the floodplain, extension of sewer line and storm water detention. Chairman Turner asked if future tenants would be at risk of flooding issues and Richard informed her that the buildings would be above floodplain elevation. Chairman Turner asked Mr. Landes if he knew of any tenants moving into the Business Park and Richard informed her he did not know of any.
Chairman Turner asked if anyone would like to come forward to speak against the proposal. No one came forward.
Chairman Turner asked Justin Erickson if there were any EPA regulations or otherwise concerning housing businesses close to bodies of water could cause any contamination issues. Justin Erickson informed her there were.
Chairman Turner asked for a motion. Commissioner Silvia made a motion to approve staff recommendation along with nine conditions stipulated, seconded by Commissioner Bergsten.
AGENDA ITEM NO. 8: Case #P04-14 – A public hearing for consideration of approval of a Planned Unit Development located at the SWQ of I-40 & Kickapoo Street in C-3 zoning for commercial use
Applicant: Cates-Clark & Associates, LLP
Chairman Turner asked for the staff report. Justin Erickson presented the staff report.
Chairman Turner discussed possible issues with storm water retention and landscaping
that Justin Erickson informed her it would be better explained once final plat is submitted.
Commissioner Bergsten asked if there would be a frontage road coming off Interstate 40
to the development to diminish traffic on 45th Street. Justin Erickson informed him there
would not be a frontage road but the additional entrances and traffic signals should
improve the traffic flow. Chairman Turner and Commissioner Silvia also expressed their
concerns with controlling the traffic.
Justin Erickson explained the development would come in phases with the first phase
possibly coming within twenty-four months. Commissioner Silvia asked if the conditions
were listed under PUD or Preliminary Plat and Justin Erickson informed him they are
combined but technically fall under the PUD. Chairman Turner praised the sidewalks
included in the plans and offered the possibility of adding bike racks to the plans as well.
Chairman Turner asked if anyone would like to speak for the proposal. The applicant,
Daniel Stewart, came forward and discussed landscape and parking plans more in detail.
He also addressed the concerns regarding the traffic and signal work.
Chairman Turner asked if there was anyone who would like to speak either for or against
the proposal. Kenneth Massey came forward asking how far down 45th Street the
development would go and mentioned he was not against the proposal. The applicant and
Justin Erickson explained the distance to him.
Chairman Turner asked if there were any comments. Commissioner Silvia expressed that
he believes everyone is excited about the development and that they were not trying to be
negative regarding their concerns.
Chairman Turner asked for a motion for the PUD as well as the 18 conditions as described
by staff. Commissioner Silvia made a motion to approve, seconded by Commissioner
Cowen.
Motion passed:
AYE: Bergsten, Carter, Hoster, Turner, Silvia, Cowen
NAY:
ABSTAIN:
AGENDA ITEM NO. 9: Case #S01-14 – Consideration of approval of a Preliminary Plat for Shawnee Marketplace Planned Unit Development at the SWQ of I-40 & Kickapoo Street
Justin Erickson presented the staff report. He stated February was a slow month for new
home permits due to the weather. There were three new home permits. Department was
busy with calls and questions regarding building. Will get copies out in advance for final
draft for zoning next month. Mentioned City Commission repealed any new billboard
signs but existing signs may stay.
AGENDA ITEM NO. 11: Commissioner’s Comments and/or New Business
There were none.
AGENDA ITEM NO. 12: Adjournment
Meeting was adjourned.
Chairman/Vice-Chairman Cheyenne Lincoln Planning Commission Secretary
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