Date: 9/3/2014Board: Planning CommissionDocumentType: MinutesWeb Posted: 11/5/2014 2:43:47 PM
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PLANNING COMMISSION MINUTES
DATE: SEPTEMBER 3RD, 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, September 3rd, 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:

Present: Bergsten, Clinard, Kerbs, Silvia, Salter, Cowen, Kienzle
Absent:

The meeting was called to order.


AGENDA ITEM NO. 2: Approval of the minutes from the August 6th, 2014 Planning Commission Meeting

Chairman Silvia asked that the members take a few moments to review the minutes and ask any questions or comments. When there were none, he then proceeded to ask for a motion. Commissioner Kienzle made the motion to approve, seconded by Commissioner Kerbs to approve the August 6th, 2014 minutes.

Motion passed:
AYE: Clinard, Kerbs, Silvia, Salter, Cowen, Kienzle
NAY:
ABSTAIN: Bergsten


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 #P11-14 – A Public Hearing for Consideration of approval of a Rezone located NE I-40 Service Rd. & Union St. from A-1; Agricultural to C-3; Automotive and Commercial Recreation District.
Applicant: Cooper Shawnee Investments, LLC

Chairman Silvia asked for the staff report. Justin Erickson presented the staff
report. Mr. Erickson informed the Commissioners that the property is immediately
adjacent to an additional property that was previously rezoned to commercial for a car
dealership. Justin Erickson notated that the applicant before them today was the same
applicant for the previous rezoning and that they were requesting an additional five (5)
acres to the north. Justin Erickson discussed the area utilized commercial development
and the Comprehensive Plan designates the proposed area as an intense commercial
area and therefore recommended approval of the rezone. Mr. Erickson offered to
answer any questions the Commissioners may have and also informed them that the
applicant has not submitted a permit or site plan as of yet but they had started grating
the area. Justin Erickson discussed the applicant would be available to answer any
questions on timing of the development. Vice-Chairman Salter asked if the proposed
area was where the pond was previously located. Justin Erickson agreed and noted that
it also went a little north as well. Chairman Silvia mentioned there were no conditions
listed and asked if there were any issues regarding storm water or similar items. Mr.
Erickson discussed that at this time he did not see any issues and that the applicant
has pulled a permit with State. Justin Erickson also informed the Commissioners that
the land is not currently platted and will be required to do so and relayed that the
Planning Commission could see development concept in the near future. Chairman
Silvia asked if there were any other questions for Staff. There were none and Justin
Erickson was seated.
Chairman Silvia opened the public portion of the meeting and invited the
representative of Cooper Shawnee Investments to come forward to answer any questions the Board may have. Bobby Dolatabadi introduced himself as an Attorney with Phillips Murrah P.C. and stated that he believed Justin Erickson stated the applicant’s intent with his staff report. Commissioner Cowen asked if the applicant had a schedule in mind as to when applicant may pull permit with the City. Mr. Dolatabadi informed Commissioner Cowen they
did not have a specific time frame as of yet. Chairman Silvia asked if there were any further questions from the Commissioners. There were none and Chairman Silvia proceeded to ask if there was anyone who would like to speak against the proposed rezone to come forward. There were none and Chairman Silvia closed the public portion.
Chairman Silvia opened for any discussions or motions from the Commissioners. Commissioner Bergsten made a motion to approve, seconded by Commissioner Cowen.


Motion carries:
AYE: Bergsten, Clinard, Kerbs, Silvia, Salter, Cowen, Kienzle
NAY:
ABSTAIN:


AGENDA ITEM NO. 5: Case #S10-14 – Consideration of approval of a Preliminary Plat for Deer Field Estates located in the 1400-1500 block of E. Bradley St., Shawnee, OK


Applicant: Kishwaukee Enterprises, LLC


Chairman Silvia asked for the staff report. Justin Debruin presented the staff report. Mr. Debruin informed the Commissioners that the applicant was requesting approval on a Preliminary Plat for nineteen (19) lots, on roughly ten (10) acres and the property is currently zoned residential which is appropriate for the development. Justin Debruin also relayed the Comprehensive Plan called for residential and with these facts, Staff recommends approval with the conditions set forth. Mr. Debruin noted that a variance will be required for the cul-de-sac setback. Chairman Silvia asked if any issues could arise from deviating from the required setback. Justin Debruin and Justin Erickson both informed the Commissioners that the purpose of the requirement is to protect the property to the north so as to not cause any negative impact towards them. Chairman Silvia discussed the possibility of an issue with headlights shining towards the resident to the north and asked if the resident was notified of the proposal. Justin Erickson stated they were not due to plats not having a requirement to notify the surrounding property owners in a three hundred foot radius. And also mentioned that with the degree of vegetation and the height of the fences on Lots 6 & 7 for the new residences, he did not believe there would be any potential problems. Commissioner Kerbs asked if there could be a requirement applied for Lots 6 & 7 to install fences. Justin Erickson agreed if the Commissioners felt such requirement was necessary.
Commissioner Cowen discussed the elevation of the property to the north was high enough to where he did not believe it would cause any issues. And the existing fence was quite tall as well. Vice-Chairman Salter asked if the cul-de-sac was approved by the fire department in order to house any fire apparatus needed. Justin Erickson confirmed this. Chairman Silvia asked if there were any other questions for Staff. There were none.
Chairman Silvia opened the public portion of the meeting and asked any representative of the proposed development to come forward. Keith Cook came forward to represent the applicant and answer any questions the Commissioners may have. Chairman



Silvia discussed the fencing questions brought up earlier by the Commissioners and Mr. Cook stated the existing fence was around six foot to six and a half. He also
discussed the proposed development would downgrade at least another two feet. There were no further questions.
Chairman Silvia asked if there were any one who would like to speak against the proposal. There were none and he proceeded to close the public portion.
Chairman Silvia asked if there were any other discussions, if not, he would ask that they entertain a motion. Vice-Chairman Salter made a motion to approve with staff conditions, seconded by Commissioner Clinard.

Motion carries with staff conditions:
AYE: Bergsten, Clinard, Kerbs, Silvia, Salter, Cowen, Kienzle
NAY:
ABSTAIN:


AGENDA ITEM NO. 6: Case #S08-14 – Consideration of approval of a Final Plat for Stone Creek Crossing located at the North Corner of MacArthur and Acme Rd., Shawnee, OK


Applicant: Stone Creek Investments, LLP

Justin Erickson informed the Commissioners that Staff was contacted earlier that day by the applicant who requested deferment on the proposal until the October 1, 2014 Planning Commission meeting due to engineering challenges related to the sewer and gas lines on property and that Staff concurs with the request. Chairman Silvia proceeded to move this item to the October 1, 2014 meeting.


AGENDA ITEM NO. 7: Update on Downtown Streetscape Project

Justin Erickson introduced Michael Ludi to the Commissioners as the Assistant Engineer who would be going over the projects related to Downtown Streetscape. Michael Ludi informed the Commissioners that the project included Beard Street down to Oklahoma Street. Construction would include sidewalks being removed, water lines being replaced, stoplights being removed at four of the intersections and replaced with decorative stop signs. Bell Street is not included in this project. The intersections would mimic the current design on Bell Street with bump outs on the street that include bike racks and landscaping. Planters would go along the street. Mr. Ludi discussed that Robert Cash would be assisting


with the landscaping designs. There would be an irrigation system in each planter for less maintenance upkeep. Michael Ludi informed the Commissioners these plans were not final
and the preliminary estimates were between 2-2 ½ million. Mr. Ludi stated plans were submitted to ODOT but they are waiting for their approval before starting work hopefully in Spring of 2015. Michael Ludi asked if there were any questions he could answer. Chairman Silvia asked if where they were replacing the stop lights with stop signs that it was due to the traffic counts not requiring such. Michael Ludi agreed and stated they did a traffic count on each intersection. Chairman Silvia commented that he agreed this was a good idea. Mr. Ludi explained how the stop signs would help slow traffic flow and also discussed the amount of money saved by replacing the stop lights that ran $125,000 a piece for the less expensive, decorative stop signs. Commissioner Kienzle asked what the time line for construction would be. Michael Ludi commented that Staff had not configured that yet but estimated around 210 days. Commissioner Kerbs asked if the island planters only included trees. Justin Erickson agreed and stated they wanted to lower maintenance upkeep. Commissioner Kerbs also asked if there was water flow between the islands and sidewalk. Michael Ludi agreed and stated they would be irrigated. Commissioner Cowen asked how much the City was paying for and how much were matching funds. Justin Erickson and Michael Ludi informed him the grant from ODOT was for $400,000, improvement district downtown was around $400,000 and the utility department would be paying for water lines and street department would be participating as well. Commissioner Clinard asked if while the streets were open if Staff had discussed putting fiber wiring downtown. Michael Ludi expressed that he had briefly addressed that with the IT department at one point but believed they were not in the plans. Commissioner Kerbs went on to address the electrical wiring as well and Mr. Ludi informed him that he met with OG&E regarding lighting and they have not been able to agree on anything yet. Commissioner Kienzle addressed stressing the importance to OG&E about planning for the future and what downtown could flourish to be. Michael Ludi explained how OG&E had previous issues with the discussed electrical plans and did not have great success. Commissioner Kienzle asked who would be in charge of informing the downtown merchants about which street they would be working on and when. Mr. Ludi relayed it would be himself or Justin. Commissioner Kienzle also expressed the pushing of information out to the merchants by email or text to help make it easier for the merchants. Michael Ludi informed the Commissioners he believed work would be done one block at a time and to help with placing signs for the businesses during the construction. Chairman Silvia asked if there were any other questions for the Assistant Engineer. There were none.


AGENDA ITEM NO. 8: Planning Director’s Report

Justin Erickson discussed the Oklahoma Planning Conference is October 2nd & 3rd in Norman and that staff would be emailing information out to the Commissioners.


Mr. Erickson proceeded to update the Commissioners on ongoing projects including the Hobby Lobby permit being released and work beginning shortly. The Aldi food permit is hoping to be going out later in the week for the Shawnee Marketplace. Staff has been busy also with other smaller commercial projects and activities including some work downtown. Mr. Erickson also discussed residential building construction is still really strong as well. Commissioner Clinard asked if Justin Erickson could explain what work was going on downtown. Mr. Erickson informed her that the Main Street market was expanding, there is a new photography studio and there has been interest on their façade grant program to improve facades for downtown buildings. Commissioner Kerbs asked how many applicants were approved. Justin Erickson stated they typically did around three or four per cycle with possibly more depending on funding availability. Mr. Erickson discussed the Shawnee Marketplace had most of the occupants for Phase 1 and Phase 2 could include a bigger store than Hobby Lobby potentially. Chairman Silvia asked if there were any other questions. There were none.

AGENDA ITEM NO. 9: Commissioners Comments and/or New Business

Chairman Silvia asked for any comments or new business. Vice-Chairman Salter mentioned making a recommendation for reducing the speed limits on Kickapoo by Interstate 40 and was unsure if it was ODOT or the Street department who could address this with Shawnee Marketplace bringing increased traffic to the area. Vice-Chairman Salter also expressed how he would like the developer of the Shawnee Marketplace to put in a road behind the east bound businesses that come out on 45th Street. Justin Erickson stated he would discuss this with the engineering department. Elizabeth Smith with the City of Shawnee spoke forward and addressed that the topic of the speed limit on Kickapoo Street did come up while she was working for the traffic department and explained that ODOT denied the request and that a petition is required. Chairman Silvia also mentioned how the City has no control over the speed limit there.


AGENDA ITEM NO. 10: Adjournment

Meeting was adjourned.








Chairman/Vice-Chairman Cheyenne Lincoln Planning Commission Secretary

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