PLANNING COMMISSION MINUTES
DATE: September 5, 2007
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, September 5, 2007 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
Jimmy Nickles Rusty Jones
Pat London David Hadley
Absent: Robert Slavens
A quorum was declared present and the meeting was called to order.
Nancy McNayr, Planning Consultant was also present to give the staff reports.
Let the record show Robert Slavens arrived at 1:35 p.m. during agenda item 3
AGENDA ITEM NO. 2: Approval of the minutes from the August 1, 2007 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner London to approve the August 1, 2007 Planning Commission Meeting minutes.
AGENDA ITEM NO. 3: A public hearing for consideration of approval to rezone property from C-2; Suburban Office to R-3; Multi-Family for property located at 2610 N. Park (Applicant: Westchester Development obo Joe’s Rentals, LLC) Case #P21-07
.
Mike Little was in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. Staff recommended approval of the rezoning of 2610 N. Park to R-3.
Chairman Holt asked if there were any questions. There were no questions.
Chairman Holt opened the public hearing and asked if there was anyone for the proposal. Mike Little came forward stating his intention for the use of the property is to build a four-plex and presented plans to the Commission.
Chairman Holt opened the public hearing and asked if there was anyone against the proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Nickles made a motion, seconded by Commissioner Slavens to approve the rezoning of 2610 N. Park to
R-3.
AGENDA ITEM NO. 4: A public hearing for consideration of approval to rezone property from R-3; Multi-Family and C-3; Automotive, Commercial & Recreation to R-3P; Multi-Family with a Conditional Use Permit to allow for a mobile home park for property located at 2524 N. Harrison (Applicant: Norman L. Bybee obo J.P.R. Investments) Case #P22-07
Norman Bybee was in the audiance
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. Mrs. McNayr stated the entire site was zoned R-3 when the mobile home park was first established. In the late 1990’s a portion of the site was zoned C-3 to allow mobile home sales. This request brings the entire site into compliance with the
current Zoning Code which permits mobile home parks as a Conditional Use in R-3. There are 6 vacant mobile home pads in the land area currently zoned C-3.
It is staff’s opinion that this request conforms to the Comprehensive Plan.
Staff recommended approval of the rezoning of 2524 N. Harrison to R-3P to allow for a mobile home park.
Chairman Holt asked if there were any questions. Mrs. McNayr answered questions concerning landscaping as a buffer, explaining they would need to meet zoning requirements.
Chairman Holt opened the Public Hearing and asked if there was anyone was for the proposal. Mr. Norman Bybee came forward and answered questions from the Commission.
Chairman Holt opened the Public Hearing and asked if there was anyone against the proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Slavens to approve the rezoning, with proper fencing along Harrison St. of 2524 N. Harrison to R-3P to allow for a mobile home park.
AGENDA ITEM NO. 5: A public hearing for consideration of approval of a Conditional Use Permit to allow for the sale of beer & alcohol for off premise consumption in C-3; Automotive, Commercial & Recreation District for property located at 9 W. Farrall. (Applicant: George Davis) Case #P23-07
George Davis was in the audience.
There were also several citizens in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. Mrs. McNayr reported there have been several protests from area residents,
property owners, and churches. There is an approximate 25% legal protest. Although the Beard Street corridor includes zoning for commercial uses, there are very few
commercial uses in the area. The alley between the proposed liquor store site and the residential neighborhood was closed with barricades at one time due to problems
occurring in the alley. Mrs. McNayr discussed the Dunbar Heights Neighborhood Action Plan.
Staff recommended denial of the request for a Conditional Use Permit to operate a liquor and beer store at this location. Should the Planning Commission decide to approve this request, staff requests that the allowance for sign height, location, and area size be reduced and the property owner be required to establish a landscape buffer as a condition of the permit to reduce the impact on the abutting residential property.
Chairman Holt asked if there were any questions. Mrs. McNayr answered questions from the Commission.
Chairman Holt opened the Public Hearing and asked if there was anyone was for the proposal. George Davis came forward with his reasons for the proposal and answered questions from the Commission.
Chairman Holt opened the Public Hearing and asked if there was anyone against the proposal. Russell Cook, Hiram Ryan and Kaye Smith came forward explaining there reasons for being against the proposal. There was a lengthy discussion between the protesters and the Commission.
After careful consideration, Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Hadley to deny the request for a Conditional Use Permit to allow for the sale of beer & alcohol for off premise consumption at 9 W. Farrall.
Motion carried:
AYE: Maltos, Hadley, Holt, Slavens, Jones, Nickles, and London
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 6: A public hearing for consideration of approval to rezone property from R-1; Single Family Residential to C-1; Neighborhood Commercial for property located at 3922 N. Kickapoo (Applicant: Gene Estep) Case #P24-07
Julie Thompson was in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. Staff recommended approval of the rezoning to C-1 with all development requirements being met.
Chairman Holt asked if there were any questions. Mrs. McNayr answered questions from the Commission.
Chairman Holt opened the public hearing and asked if there was anyone for the proposal. Julie Thompson came forward stating her reasons for the proposal and answered questions from the Commission.
Chairman Holt opened the public hearing and asked if there was anyone against the proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Jones to approve the rezoning of 3922 N. Kickapoo to C-1.
AGENDA ITEM NO. 7: A public hearing for consideration of approval to rezone property from C-1; Neighborhood Commercial to C-3P; Automotive, Commercial & Recreation District with a Conditional Use Permit to allow for a tattoo studio for property located 722 N. Harrison. (Applicant: Louis Hosino) Case #P25-07
Louis & Katrina Hosino were in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. She stated this is the first request for this type of business. The site is a strip commercial structure. There are five (5) storefronts. The southernmost storefront is 722 N. Harrison and currently is proposed to be occupied buy a tattoo studio.
The legal description submitted and used for notice included the entire property – all five storefronts. Staff recommends the application go forward with a more specific legal description identifying only 722 N. Harrison.
Staff recommended approval of the request to rezone the southernmost storefront (722 N. Harrison) to C-3P and recommends approval of the Conditional Use Permit to operate a Tattoo Studio.
Chairman Holt asked if there were any questions. There were no questions.
Chairman Holt opened the public hearing and asked if there was anyone for the proposal. Kartina Hosino came forward with her reasons for the proposal and answered questions from the Commission.
Chairman Holt opened the public hearing and asked if there was anyone against the proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commission Hadley to approve the rezoning to C-3 with a Conditional Use Permit to operate a Tattoo Studio at 722 N. Harrison.
Motion carried:
AYE: Jones, Hadley, Holt, Maltos, Slavens, Nickles and London
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 8: Approval of the Final Plat for Woodsong Garden Phase II located East of 45th between Harrison & Bryan. (Applicant Bryant Development)
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. Staff recommended approval of the final plat for Woodsong Garden Phase II.
Chairman Holt asked if there were any questions. There were none.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Nickles to approve the preliminary plat for Woodsong Garden Phase II.
Motion carried:
AYE: Slavens, Nickles, London, Hadley, Holt, Maltos and Jones
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 9: Commissioner’s Comments
Commissioner Maltos asked when protest letters are submitted if it is a requirement for addresses to be on the letters. Mrs. McNayr explained legal protests must be within 300’ of the property, however anyone can submit a letter of protest.
AGENDA ITEM NO. 10: New Business
City Commissioner Linda Peterson came forward to speak about clarifying sidewalk definitions.
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