PLANNING COMMISSION MINUTES
DATE: November 7, 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, November 7, 2007 at 1:30 p.m., pursuant to notice duly posted as prescribed by law. Note: Mr. Rusty Jones called to let the Commission know he was going to be late due to a prior engagement. Since Mr. Jones was needed to make a quorum John Holt advised those in attendance the meeting would start at 2:30.
AGENDA ITEM NO. 1: Roll Call
Upon roll call the following members were present:
John Holt Robert Slavens
Rusty Jones Pat London
Absent: David Hadley, Jimmy Nickles & Louis Maltos
A quorum was declared present and the meeting was called to order.
Nancy McNayr, Planning Consultant was also present to give the staff reports.
AGENDA ITEM NO. 2: Approval of the minutes from the October 3, 2007 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner London made a motion, seconded by Commissioner Slavens to approve the October 3, 2007 Planning Commission Meeting minutes.
Motion carried:
AYE: London, Slavens, Jones and Holt
NAY: None
ABSTAIN: None
Let the record show we deviated from the agenda and addressed agenda item 5 before
addressing items 3 & 4 then 6 thru 9.
AGENDA ITEM NO. 5: A public hearing for consideration of approval to rezone property from C-1; Neighborhood Commercial to C-3; Automotive, Commercial & Recreation for property located at 527 N. McKinley. (Applicant: Donald Chlouber) Case# P31-07
.
Jon Flowers, Don & Sally Chlouber were in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr stated the site fronts to residential areas. If zoned to C-3 there are uses with higher intensity that could be put on this location that would be detrimental to the residential area.
Staff recommended denial of the request for C-3 zoning & recommended the zoning to stay C-1.
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. Mr. Jon Flowers, attorney for Don Chlouber, came forward stating their reasons for requesting the rezoning. Mr. Chlouber wants to be in compliance with the City. He stated the property use was going to stay the same.
Mrs. McNayr explained zoning this property to C-3 would not bring it into compliance. She stated this property is probably considered a legal, non-conforming use and could continue until the property changes uses. Mrs. McNayr asked if the property owner could submit a letter verifying the use of the property from a certain date. Mr. Flowers stated they would.
After careful consideration Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Jones to defer action to the December 5, 2007 meeting.
Motion carried:
AYE: Slavens, Jones, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 3: A public hearing for consideration of approval to rezone property from R-1; Single Family Residential to C-3; Automotive, Commercial & Recreation for property located at 8 & 12 E. MacArthur (Applicant: Robert & Karen Gunderson) Case# P29-07
Karen Gunderson and Carrie Davis were in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr Presented the staff report with a power point presentation.
Staff recommended approval of rezoning with this exception:
The approximate south half of the property recommended for rezoning to C-3.
The approximate north half of the property recommended for rezoning to C-1.
Chairman Holt opened the Public Hearing and asked if there was for the proposal. Karen Gunderson said she was okay with the recommendation.
There was a brief question & answer session.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner London to approve rezoning the approximate south 150’ half of the property to C-3 and the remaining property to C-1.
AGENDA ITEM NO. 4: A public hearing for consideration of approval of a Conditional Use Permit to allow for the sale of beer & alcohol for on premise consumption for property located at 717 E. Highland. (Applicant: Jev Vandegrift obo Van’s Pig Stand & Charcoal Room) Case# P30-07
Jev & Jerry Vandegrift were in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation.
Staff recommended approval of the Conditional Use Permit to allow for the sale of beer & alcohol for on premise consumption,
Chairman Holt opened the Public Hearing and asked if there was anyone was for or against the proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner London to approve the Conditional Use Permit to allow for the sale of beer & alcohol for on premise consumption for property located at 717 E. Highland.
Motion carried:
AYE: Slavens, London, Holt and Jones
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 6: Discuss the Land Development Code
Nancy McNayr talked about the Land Development Code briefly and stated she wanted this time on the Planning Commission Agenda to discuss any issues.
AGENDA ITEM NO. 7: Commissioner’s Comments
AGENDA ITEM NO. 8: New Business
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