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, October 3, 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 Robert Slavens
Jimmy Nickles Rusty Jones
Pat London
Absent: David Hadley & 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.
Let the record show Jimmy Nickles left the meeting at 2:35 p.m. during agenda item 7.
AGENDA ITEM NO. 2: Approval of the minutes from the September 5, 2007 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Jones to approve the September 5, 2007 Planning Commission Meeting minutes.
Motion carried:
AYE: Slavens, Jones, Nickles, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 3: A public hearing for consideration of approval to rezone property from A-1; Agricultural to C-1; Neighborhood Commercial located at 1402 E. Independence. (Applicant: Mehdi Azimi) Case #P26-07
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Mr. Azimi was in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. The applicant is requesting the rezoning to allow for a day care at this address. Mrs. McNayr explained the Shawnee Comprehensive Plan depicts this area as suitable for low intensity residential. This request is in questionable conformance to the Comprehensive Plan. The use is compatible with the area and the Future Land Use Map, but the C-1 zoning district allows higher intensity uses than the Comprehensive Plan projects for this area. A day care is a Conditional Use in R-3. Commercial uses are typically preferred at intersections, not mid-block. A more appropriate zoning district would be either R3 with a Conditional Use Permit to allow a day care; or a Planned Unit Development that outlines uses compatible with the neighborhood and allows uses too intense for the residential character of the area to be either eliminated or limited in scale.
Staff recommends denial of the request for C-1; Neighborhood Commercial, but recommends R-3 with a Conditional Use Permit for a day care.
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. Mr. Mehdi Azimi came forward with his reasons for wanting the rezoning. He purchased the property 2 years ago assuming the proper zoning was in place since it was a nursing home. He stated he would prefer C-1 zoning. To apply for a PUD he would have to go thru the rezoning process again. There was a lengthy discussion between the applicant and the Commission.
Chairman Holt opened the public hearing and asked if there was anyone against the proposal. No one came forward.
After careful consideration Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner London to approve the rezoning of 1402 E. Independence to R-3P with a Conditional Use Permit to allow for a day care.
Motion carried:
AYE: Slavens, London, Holt, Jones and Nickles
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 4: A public hearing for consideration of approval of a request by property owner for the nullification and vacation of the plat of The Bridges Block 2, Lots 1 thru 6 as per Article 1 Section 10.7 of the Subdivision Regulations for the City of Shawnee. (Applicant: David Tomlinson) Case #P27-07
David Tomlinson Was in the Audience.
Chairman Holt asked for the Staff Report. Nancy McNayr explained that staff met with representatives of the franchise utilities to identify any issues related to the plat vacation and re-plat. Several utility lines will be moved or abandoned as part of this process. This request will not proceed onto the City Commission until all requirements related to utility relocation and the provisions of new utility easements have been satisfied.
Staff recommended approval of the nullification and vacation of Lots 1-6, Block 2 of the final plat of The Bridges.
Chairman Holt opened the Public Hearing and asked if there was for or 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 nullification and vacation of Lots 1-6, Block 2 of the final plat of The Bridges.
Motion carried:
AYE: Nickles, Slavens, Jones, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 5: Approval of the Preliminary Plat for The Bridges III Cottages Addition located at the intersection of Bryan Ave & Augusta Dr. ( Applicant David Tomlinson)
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. Mrs. McNayr reported The Bridges III is Planned Unit Development for 19 single homes.
Staff recommended approval of the Preliminary plat of The Bridges III Cottages addition subject to the Planning Commission recommendation of approval and City Commission approval of the plat vacation outlined in Agenda Item 4.
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 Nickles made a motion, seconded by Commissioner Slavens to approve the Preliminary plat of The Bridges III Cottages Addition subject to City Commission approval of the plat vacation outlined in Agenda Item 4.
Motion carried:
AYE: Nickles, Slavens, Jones, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 6: Approval of the Final Plat for The Bridges III Cottages Addition located at the intersection of Bryan Ave & Augusta Dr. (Applicant David Tomlinson)
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report.
Staff recommended approval of the Final plat of The Bridges III Cottages addition subject to the Planning Commission recommendation of approval and City Commission approval of the plat vacation outlined in Agenda Item 4.
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 Nickles made a motion, seconded by Commissioner London to approve the Final plat of The Bridges III Cottages Addition subject to City Commission approval of the plat vacation outlined in Agenda Item 4.
Motion carried:
AYE: Nickles, London, Holt, Slavens and Jones
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 7: Approval of the Final Plat for Windmill Ridge West Section III located north of Independence & East of Bryan and affirmation of requested variances. (Applicant: Windmill Development, LLC)
Chris Gray & Greg Brown were in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report. The Engineer/Developer has requested a variance to Section 503.5 of the Zoning Code for Lots 1-12 of Block 7 to allow a 20 foot front yard setback and a variance for Lot 1 and Lot 9 of Block 7 to allow a 20 foot side yard setback. The developer made this same request at the Preliminary Plat stage and it was approved by the Planning Commission. The Final Plat was submitted with 25’ setbacks and was reviewed as submitted. The engineer has submitted a revised Final Plat showing the requested variance.
The revised Final Plat shows a 20’ front yard setback for Lots 1-9 lots (Lots front onto Latana Court ( formerly Bomar Court); a 20’ front yard setback for Lots 10-12 (Lots front onto Bradley Street), and a 20’ side yard setback for Lot 1 and Lot 9 (Lots side onto Bradley Street). Without the variance, these setbacks are required to be 25’.
As requested by staff, the revised Final Plat shows a 25’ front yard setback for Lot 13 (lot fronts onto Hunters Ridge Drive) and a 25’ side yard setback for Lot 12 (Lot sides onto Hunters Ridge Drive).
As requested by staff, the revised Final Plat shows ‘Limits-of-No-Access’ on Lots 1 and 2 (from Bradley Street).
Variances Requested:
1) Variance to Section 503.5 of the Zoning Code for Lots 1-13 of Block 7 (from 25’ to 20’) to allow a 20 foot front yard setback.
2) Variance to Section 503.5 of the Zoning Code for Lots 1 & 9, Block 7 (from 25’ to 20’) to allow a 20’ side yard setback.
3) Variance to Section 503.4 for Lots 4 and 6, Block 7 to allow less than the minimum 60’ requirement for the width at the front building line.
Staff recommended approval of the final plat for Windmill Ridge West, Section 3 subject to the Technical notes 1 and 2. Staff requests the Planning Commission include in their motion the affirmation of the variances previously approved.
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 or against the proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commission Jones to affirm the variances to the Final Plat for Windmill Ridge West, Section 3.
Motion carried:
AYE: Slavens, Jones, Nickles, London and Holt
NAY: None
ABSTAIN: None
After voting on the variances, Jimmy Nickles asked to be excused from the meeting. He left at 2:35 p.m.
There was a question and answer session between Greg Brown & the Commission.
Chairman Holt then asked for a motion, Commissioner Slavens made a motion, seconded by Commission Jones to approve the Final Plat for Windmill Ridge West, Section 3.
Motion carried:
AYE: Slavens, Jones, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 8: Commissioner’s Comments
AGENDA ITEM NO. 10: New Business
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