PLANNING COMMISSION MINUTES
DATE: November 7, 2012
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, November 7, 2012 at 1:30 p.m., pursuant to notice duly posted as prescribed by law. Justin Erickson, Planning Director for the City of Shawnee, and Staff presented the staff reports. Staff reports are available upon request.
AGENDA ITEM NO.1: Roll Call
Upon roll call the following members were present:
Brad Carter, Kirk Hoster, Shawna Turner, Chris Silvia, Taylor Prince, Ben Salter
A quorum was declared present and the meeting was called to order.
AGENDA ITEM NO. 2: Approval of the minutes from the October 3, 2012 Planning Commission Meeting.
Chairman Shawna Turner asked for a motion. Commissioner Salter made a motion to approve, seconded by Commissioner Prince to approve the October 3, 2012 minutes.
AGENDA ITEM NO. 3: Approval of the minutes from the October 10, 2012 Planning Commission Meeting.
Chairman Shawna Turner asked for changes or corrections to minutes. Commissioner
Prince asked for corrections to Item No. 2, pages 5 and 7. Commissioner Carter then made a motion with a second from Commissioner Silvia to approve the minutes from the October 10, 2012 meeting with changes.
AGENDA ITEM NO. 4: Swear in new commissioner David Bergsten
David Bergsten was sworn in as Planning Commissioner by City Clerk Phyllis Loftis.
AGENDA ITEM NO. 5: Citizens’ Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Chairman Turner opened the Citizens’ Participation and asked if anyone would like to speak. No one came forward.
AGENDA ITEM NO. 6: Case # P16-12 (Continued from October 3, 2012 Planning Commission Meeting) A Public Hearing for consideration of approval to rezone property from R-1; Residential, Single Family Dwelling to R-3; Multi-Family Dwelling for property located at 3300 North Union.
Applicant: Mike Little Construction
Chairman Turner called for staff report. Stephanie Clary presented staff report recommending approval to rezone the property located at 3300 North Union to R-3; Multi-Family Dwelling.
Chairman Turner asked the applicant Mike Little to come forward to answer questions from the Commissioners. Mr Little answered questions pertaining to the number of possible units and future growth.
Chairman Turner opened the public portion asking if anyone for or against this proposal would like to speak. No one came forward.
Chairman Turner asked for a motion. Commissioner Hoster made the motion to approve the rezoning. Second was made by Commissioner Silvia.
AGENDA ITEM NO. 7: Case #S12-12 (Continued from October 3, 2012 Planning Commission Meeting) Consideration of approval for a Final Plat for Shawnee Medical Center located at Kethley Road and MacArthur Street.
Applicant: Shawnee Real Estate Holdings, LLC
Chairman Turner called for staff report. Stephanie Clary presented the staff report. Staff recommends approval of the Shawnee Medical Center Final Plat.
Chairman Turner opened the public portion asking if anyone would like to come forward and speak in favor. Joe Covey, land surveyor from Oklahoma City spoke before the Commission. No one came forward against the proposal. Chairman Turner closed the public portion.
Chairman Turner asked for a motion. Commissioner Prince made the motion to approve the Final Plat for Shawnee Medical Center. Second motion made by Commissioner Carter.
AGENDA ITEM NO. 8: Case #P18-12 A public hearing for consideration of approval of a Conditional Use Permit in C-3; Automotive, Commercial Recreation district to allow for the sale of beer and alcohol for on premise consumption and off premise consumption for property located at 4420 North Kickapoo.
Applicant: Dao and Cynthia Nguyen
(Nelmon Brauning Agent)
Chairman Turner asked for the staff report. Justin Erickson presented staff report. Staff recommended approval of the Conditional Use Permit for the following uses:
1. On-premise consumption of alcohol as part of an eating place or other permitted use.
2. Establishment of a liquor store and the sale of alcohol and beer for off premise consumption.
Chairman Turner opened the public portion asking anyone who would like to speak in favor of the proposal. No one came forward. Turner asked if anyone against the proposal come forward. Wanda Brown stated she lives two blocks behind the property. She is concerned about the additional traffic and noise this proposal would create for the neighborhood. Chairman Turner assured Ms. Brown privacy fencing would be in place to reduce noise and provide a barrier for the neighborhood. Further discussion included landscaping, a substantial privacy fence, parking, shielded lighting and site design.
Chairman Turner asked for a motion. Commissioner Prince made a motion to approve the Conditional Use Permit as presented by Staff. Commissioner Silvia seconded.
AGENDA ITEM NO. 9: Case #S15-12 Consideration of approval of a Preliminary Plat for G.E. Oil & Gas Addition located at 14311 Highway 177
Applicant: Landes Engineering
Chairman Turner asked for staff report. Stephanie Clary presented a combined staff
report for the Preliminary and Final plat for G.E. Oil & Gas Addition. Staff recommended approval of the applicant’s request for Preliminary and Final Plat approval subject to the following conditions;
1. Final infrastructure and construction plans (including an engineered drainage plan) shall be submitted by the applicant and approved by the City and the City Engineer prior to construction.
2. A 20-foot utility easement shall be indicated on the Final Plat along the Highway 177 frontage in incorporate the existing City waterline.
3. Prior to filing the Final Plat, the applicant shall commence with making the required and proposed public site improvements in accordance with the
construction plans approved by the City Engineer or otherwise bond the project in accordance with City code.
4. All other applicable City standards apply.
5. Allow for fee in lieu of sidewalk construction on American Way.
Chairman Turner asked Mr. Landes, Landes Engineering, to come forward to answer questions from the Commission. Mr. Landes spoke regarding the expansion of the facility.
Chairman Turner opened the public portion. No one came forward.
Chairman Turner asked for a motion. Commissioner Silvia made the motion to approve
the Preliminary Plat located at 14311 Highway 177. Second motion came from Commissioner Hoster.
AGENDA ITEM NO. 10: Case #S16-12 Consideration of approval of a Final Plat for G.E. Oil & Gas Addition located at 14311 Highway 177
Applicant: Landes Engineering
Stephanie Clary presented staff report with the previous item.
Chairman Turner asked for a motion for the Final Plat. Commissioner Silvia made a motion to approve G.E. Oil and Gas Final Plat with the conditions as outlined by staff. Second was made by Commissioner Bergsten.
AGENDA ITEM NO. 11: Case #19-12 A public hearing for consideration of approval of a Conditional Use Permit to allow for a mobile home for property located at 31909 Lake Road
Applicant: Chelsey Beauchamp
Chairman Turner called for staff report. Stephanie Clary presented combined staff reports for consideration of a Conditional Use Permit and consideration of a Hardship Request by the applicant. Staff recommends approval of the Conditional Use Permit with the following two conditions:
1. The manufactured home must meet the zoning setback requirements for the A-1 Zone.
2. The manufactured home must be he pictured 1995 structure or a similar manufactured home of a better quality as determined by the Zoning Administrator.
After a lengthy discussion among Commissioners and Staff, Chairman Turner called the applicant, Chelsey Beauchamp to come forward. Ms Beauchamp and Commissioners discussed the use of the property at length, which included the aerobic system and number of homes proposed for the one acre site.
Chairman Turner opened the public portion. Julie Akerman came forward to speak against the proposal. She voiced concerns about the depreciation of property values with a mobile home on the property and aesthetics matching the surrounding property homes. Akerman also mentioned that this location once had a gas station on the property and understands there are still fuel tanks buried on the property.
Discussion continued between Justin Erickson and the Commission. Erickson explained zoning codes pertaining to the property surrounding the lake.
James Spurgen, Director of Real Estate for the Commissioners of the Land Office, came to speak against the proposal. He stated that mobile homes are not allowed on school land lots directly across from the applicant’s property.
Next to speak against the proposal was Joe Crall. He states he lives ¼ mile south of the applicants property. Mr Crall’s concern is if a septic system is placed on the slope of the land it could possibly drain into Shawnee Lake. He also mentioned the possibility of underground fuel tanks from a prior business on the property.
Chairman Turner asked Justin Erickson about the likelihood of fuel tanks. Erickson stated the City has no record of tanks. The Corporation Commission regulates this and does require clean-up. He has been in contact with them and not been able to verify if they have a record of the tanks.
Commissioner Silvia requested the applicant, Chelsey Beauchamp, return to the podium. Shawn Beauchamp, husband to the applicant, spoke on her behalf. He has talked to the Oklahoma Corporation Commission. He has contacted contractors for estimates to remove tanks. The Corporate Commission states that since they have no records, it is possible it was considered agricultural.
Chairman Turner closed the public portion. After an extensive discussion among Commissioners and Justin Erickson regarding rezoning restrictions, the hardship application and the process involved with possible variables, Chairman Turner called for a motion.
Commissioner Prince made the motion to approve the Conditional Use Permit based on the two staff recommendations and to include:
1. The Conditional Use Permit is non-transferable.
2. The structure must be attached with skirting allowing the home style to fit the neighborhood.
Commissioner Silvia suggested changing the staff recommendation regarding the age of the manufactured mobile home from 1995 to 15 years of age or younger unless approved by the zoning administrator. Commissioner Prince agreed to amend his motion.
AGENDA ITEM NO. 12: Case #20-12 A public hearing for consideration of approval of a Hardship Request for a temporary placement of a mobile home for property located at 31909 Lake Road
Applicant: Chelsey Beauchamp
Stephanie Clary presented the staff report with the previous item. Staff recommended denial of the requested Hardship Request due to the following:
1. The property is only one acre and placement of a second structure on the property would allow for a density considerably higher than the one dwelling unit per five acres that is allowed by the zoning code.
2. The applicant has not demonstrated sufficient need.
Chairman Turner opened the public portion
Chairman Turner asked for a motion. Commissioner Silvia made the motion to deny the
Hardship Request. A second from Commission Carter.
Justin Erickson gave an overview of the City Commission Meeting of November 19,2012. He also gave a report regarding the bike lanes on Bryan Street from the Traffic Commission Meeting. Mr Erickson recommended adding a workshop for Code Revisions to the agenda for the next Planning Commission Meeting.
AGENDA ITEM NO. : Adjournment
Meeting was adjourned.
Shawna Turner, Planning Commission Chairman Linda Burg, Planning Commission Secretary
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