PLANNING COMMISSION MINUTES
DATE: AUGUST 6TH, 2014
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, August 6th, 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:
AGENDA ITEM NO. 2: Approval of the minutes from the July 2nd, 2014 Planning Commission Meeting
Chairman Silvia asked if the members had a chance to review the minutes. Commissioner Clinard came forward to mention that she was unable to attend the last meeting and page five (5) of the minutes needed to be corrected by removing her name. Chairman Silvia agreed to note that and proceeded to ask for a motion. Commissioner Cowen made the motion to approve the minutes as amended, seconded by Vice-Chairman Salter to approve the July 2nd, 2014 minutes.
AGENDA ITEM NO. 3: Citizen’s Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Chairman Silvia opened the public portion and announced that this is an open time for discussion for those with questions on topics not on the Agenda and such individuals are welcome to address the Board. Chairman Silvia asked if anyone would
like to come forward. No one came forward and Chairman Silvia closed the public portion of the meeting.
AGENDA ITEM NO. 4: Case #S09-14 – Consideration of approval of a Final plat for Shawnee Marketplace, Planned Unit Development located at the SWQ of I-40 and Kickapoo Street.
Applicant: Cates-Clark & Associates, LLP
Chairman Silvia asked for the staff report. Justin Erickson presented the staff
report.Mr. Erickson informed the Commissioners that the Final Plat was for Phase
1of the Planned Unit Development. Justin Erickson proceeded to quickly recap for the
new Commissioners that the Shawnee Marketplace is a major commercial development
with 42 acres and Phase 1 includes 8 lots on 23 acres with retail and restaurant type
construction. Mr. Erickson discussed that Staff had the chance to review the Final Plat
and that Staff does recommend approval with conditions as listed. Justin Erickson
also informed the Commissioners that the applicant was available for any questions.
Mr. Erickson asked if anyone had any questions that he would be happy to answer.
Justin Erickson mentioned the dirt work has already started and permits for the
buildings were coming in and construction should begin soon. Vice-Chairman Salter
asked when the ground water runoff and storm water conditions would be started.
Mr. Erickson informed him it would start in Phase 1 and continue into Phase 2
pending approval by Engineering. Commissioner Kerbs asked if the retention pond
would hold standing water or if it would dry out quickly. Mr. Erickson informed
him that the applicant could answer that question for him. Commissioner Kerbs also
asked for clarification that there would not be an entrance off of 45th Street during
Phase 1. Justin Erickson confirmed and Vice-Chairman Salter asked if the detention
pond on Lot 3 would be directly behind The Delta Café. Mr. Erickson agreed and also
mentioned that Lot 3 was not a building lot at this point but has the potential to be
one in the future during Phase 3. Commissioner Kienzle asked if Mr. Erickson could
explain the history on the utility pod at the site and how it was constructed.
Commissioner Kienzle pointed out the odd placement and asked how to stop any
future construction of similar situations. Commissioner Kienzle also asked if there
was a way to camouflage it. Commissioner Cowen informed the board that the land
was previously owned by the School Land Commission and that because of this, the
land was not developed well. Commissioner Cowen went on to state that the City did
not have much to do with placement of the utility lines and that Shawnee is fortunate
to have this development coming. Justin Erickson informed the Commissioners that
there would probably be landscaping put in to help shield it from the public.
Commissioner Kerbs asked how many entrances there would be and Mr. Erickson
detailed where each entrance would be put in. Commissioner Kerbs also wanted to
clarify that staff would work with the street department in regards to diverting any
possible traffic buildup and Mr. Erickson agreed.
Chairman Silvia asked if the Commissioners had any further questions then
proceeded to open the public portion and asked for anyone representing the
applicant to come forward. Daniel Stewart came forward and stated that there would be two detention ponds, one smaller pond on the northern side of the development and the other main detention facility on Lot 3 as previously mentioned. Mr. Stewart also relayed that these ponds are specifically detention ponds so they would slowly drain out as they fill up. Daniel Stewart discussed the lots along Kickapoo street would have their own detention facility more than likely and would have to match existing flow rates before discharging into the box that runs under Kickapoo street. He also informed the board that the storm water would remain the same along 45th street until Phase 2 begins and at that time there could be possible changes. Mr. Stewart asked if there were any other questions and if not, would like to request approval. Chairman Silvia asked if the Commissioners had any further questions. They did not and Chairman Silvia proceeded to ask for anyone that would like to speak against the application. No one came forward and Chairman Silvia closed the public portion and opened for any Commissioner’s comments or to entertain a motion. Commissioner Kienzle made a motion to approve with the nine staff recommendations, seconded by Commissioner Cowen.
AGENDA ITEM NO. 5: Case #P10-14 – Consideration of approval of a Conditional Use Permit located at 2102 E. Main St., Shawnee, OK
Applicant: Absentee Shawnee Housing Authority
Chairman Silvia asked for the staff report. Justin Debruin presented the staff report. Mr. Debruin informed the Commissioners that the applicant, Absentee Shawnee Housing Authority, proposed to remodel an existing home that could be used as a community center. Justin Debruin also mentioned that the community center would be used in connection to the Rolling Hills Addition that is located north of the property and would include a storm shelter and a walking trail. Mr. Debruin discussed that staff did have one recommendation on the proposal regarding commercial parking and directing such to either the side of the property or in back. Justin Debruin also stated that there would not be an expansion to the home but only interior remodeling and slight modifications to the outside. Mr. Debruin informed the Commissioners that staff did recommend approval with the one recommendation.
Commissioner Kerbs asked if there was on oversight on Figure A and Justin Debruin confirmed. Commissioner Clinard asked what the maximum occupancy for the community center in terms of how many parking spaces would be allowed and Justin Erickson informed her they would know more when the plans come in but based on the size of the residence, he did not believe it would be very large. Commissioner Clinard stated that she wondered how it would look with other residential houses in the neighborhood. Justin Debruin discussed that he believed the occupancy would be around thirty for a maximum and with parking being ten or so for a maximum. Vice-Chairman Salter asked if the parking would be hard surface and not gravel. Justin Debruin agreed stating that would be part of the condition. Commissioner Clinard discussed how a light paving rather than asphalt would better absorb water. Justin Erickson informed the Commissioners that there is flexibility for the type of parking constructed. Commissioner Kerbs asked if there were plans for a fence to separate them from the adjacent neighboring property considering the residential area or if they would be submitted at a later date. Justin Debruin confirmed that it would be submitted at a later date. Mr. Debruin also mentioned that there was no feedback from the notices that were sent out to the surrounding property owners. Chairman Silvia asked for confirmation that since the proposal was not a rezone, the applicant was not required to construct a privacy fence. Justin Debruin agreed.
Chairman Silvia commended staff for listing the requirements regarding the fence discussion and asked if there were any further questions. There were none and Chairman Silvia opened the public portion of the meeting and asked for someone representing the applicant to come forward. Bob Sheppard, with the Absentee Shawnee Housing Authority, came forward and informed the Commissioners that the parking would be on the northwest side and not on street view and would be a hard surface parking area. The fence would most likely be a six foot white vinyl privacy fence to separate the property on the east. Commissioner Kienzle asked how the community center would be used and what hours it would be open. Bob Sheppard informed her that it would be mostly from the housing authority, staff, tenants, and possibly would use it for tribal meetings with
officials or functions. He stated it would not be in constant use or opened daily. Commissioner Kienzle asked if it would sometimes be used at night and if the housing authority would manage it. Bob Sheppard stated it could occasionally be used at night and agreed the housing authority would manage the property. Chairman Silvia asked if there were any other questions. There were none and proceeded to open the public portion and asked if there was anyone in disfavor or objection to the proposal to come forward. Richard Chanoway came forward and discussed that he lives in the surrounding neighborhood and that it is a quiet, residential area on a dead end street. Richard relayed how it was a narrow street and the applicant’s proposal would bring considerably more traffic in the area and that he would like to keep it the quiet, residential street it already is. Chairman Silvia informed Richard Chanoway that the applicant is not requesting a rezone so it would stay a residential neighborhood and they were applying for a conditional use permit. Richard Chanoway stated putting an entrance off bryan street would be better for the applicant to get in and out and that the applicant would have to spend a few bucks in order to do that.Chairman Silvia asked Richard Chanoway if he sent a written response to staff. Mr. Chanoway stated no and that he did not know where to send it to. Chairman Silvia asked if he was on the opposite side of the street from the location in question. Mr. Chanoway agreed and showed the Commissioners where he resided on the map. Chairman Silvia asked if there was anyone else who wanted to speak against the proposal. There were none and proceeded to close the public portion of the meeting.
Chairman Silvia opened Commissioner’s comments and/or questions and addressed a question to staff on the improvements being done on main street with the included lots. Justin Erickson informed the Commissioners that the applicant would be required to widen main street in that portion of the Rolling Hills Addition but stated work has not yet begun and stated the applicant may have more information regarding a time frame. Chairman Silvia asked if there could be discussion on requiring the applicant to extend improvement on the entire block. Mr. Erickson discussed the existing driveway appeared to be a little further east and may be primary concern but he did not know the time frame for Rolling Hills. Commissioner Kerbs asked what primary purpose the center would hold and Justin Erickson informed him that staff believed it would serve Rolling Hills addition as well as the existing tribal facilities in the area. Commissioner Cowen relayed that since it was a dead end street, the traffic would stop before it came before Richard Chanoway’s property and it was his belief that it should not cause much concern. Commissioner Kerbs asked what the square footage was for the property. Justin Debruin stated it was between 2200-2250. Commissioner Clinard asked if the applicant had other developments that included community centers. Robert Sheppard informed her that the housing authority did have other community centers in Wanette and Mcloud. Commissioner Clinard went on to ask if the majority of the people from housing complex would be walking to the center. Robert Sheppard agreed and stated that if it was a tenant
meeting he believed most of them would be walking to the center but not if it was a staff meeting. Commissioner Clinard clarified that it was not an event center and would not be
used all the time. Commissioner Kienzle asked how long the house was vacant. Mr. Sheppard stated he believed around a year or a little over. Commissioner Kienzle stated that she believed it would be an improvement to have some uses in it rather than the property stay vacant and that it would increase property values. She also stated how she believed vacant houses pose a possibility to be dangerous. Commissioner Clinard discussed her views on landscaping the front yard of the property and how the views of the parking lot would be disguised with a fence. Commissioner Kerbs asked what the procedure was on requesting an extension to continue the flow of traffic to the property. Justin Erickson stated the conditional use permit allowed the Commissioners to set conditions that express concerns and that the Commissioners could ask that the improvements be extended. Chairman Silvia asked how a condition could be implemented to incorporate the traffic and driveway concerns. Justin Erickson stated the Commissioners needed to determine if that was a requirement they felt necessary based on intensity of use and further expressed that he did not believe such condition was necessary for traffic intensity but would like to see improvements extended. Chairman Silvia asked if there were any other discussions. There were none and he proceeded to entertain a motion. Commissioner Cowen made a motion to approve with staff recommendations, seconded by Commissioner Kienzle.
Chairman Silvia asked for the report. Justin Erickson discussed that Stone Creek was finalizing their plans for their Final plat and should be moving forward and possibly ready in September. Mr. Erickson also informed the Commissioners that there would be a second residential subdivision at the intersection of Bradley and Elm on the agenda for September. July figures showed there were six new single-family home permits issued for the month and will possibly go up in August. Chick-fil-a should start in September with opening possibly in January or February. Panda Express work has begun and should be completed in October. The old drug warehouse building was purchased by Goodwill Industries for a large thrift store and should be a good addition for the city with possibility of grand opening in September. The building plans for Aldi came in for the Shawnee Marketplace with a potential opening date around May of 2015. Justin Erickson asked if there were any questions. Vice-Chairman Salter stated he noticed major renovations on the old campus drug building and asked what it was. Justin Erickson stated OBU
purchased the building and it will be a science annex. He also added that OBU completed their recent dormitory and will be starting another soon and there is also a nursing
building that is starting. Commissioner Kerbs asked if there were any plans to pave the parking lot behind the science annex that OBU is renovating. Mr. Erickson informed him
that he was unsure. Commissioner Kienzle asked if there were any accommodations on Kickapoo for bicycles. Justin Erickson stated there are not on street bicycle lanes but sidewalks on the sides and informed them because of the cost there were not any funding available. Commissioner Kienzle questioned bike friendly lanes in the future and Justin Erickson and Chairman Silvia discussed new trails coming in the future and mentioned there may be a possibility in the future for expansion. Commissioners also discussed the high cost of sidewalks being constructed and comparison to other cities in the area.
Commissioner Clinard asked when the construction would begin on the sidewalks downtown for streetscape and Mr. Erickson informed her engineering is almost done and the State was allocated in their budget and waiting on official letter from state and would rather wait until after the downtown Christmas parade this year to start construction. Commissioner Kerbs asked if the plans for streetscape were preliminary or final and Mr. Erickson informed him they were preliminary. The Commissioners discussed the debate on the pros and cons for downtown streetscape. Chairman Silvia mentioned incorporating time on the agenda next month for more discussion regarding streetscape if there was room. Justin Erickson agreed and the Commissioners discussed more concerns with downtown improvements. Chairman Silvia stated that since Streetscape is still in the preliminary stages that he would like to see the Planning Commission have some input and Justin Erickson agreed and mentioned the possibility of a presentation. Chairman Silvia stated that the board jumped into the Commissioners comments and/or new business. Vice-Chairman Salter discussed the litter in Shawnee and asked if there was an agreement between the Parks department and the pre-release prisoners and if they can be used to pick up litter. Justin Erickson informed him that there was a group that started working in July and will continue to work Monday-Friday for litter pickup and light maintenance. Justin Debruin informed Vice-Chairman Salter that the same topic was being discussed in the Beautification meeting. The Commissioners also discussed the possibility to issue tickets for littering and enforce any available regulations.
AGENDA ITEM NO. 7: Commissioners Comments and/or New Business
Combined with Planning Director’s report.
AGENDA ITEM NO. 8: Adjournment
Meeting was adjourned.
Chairman/Vice-Chairman Cheyenne Lincoln Planning Commission Secretary
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