PLANNING COMMISSION MINUTES
DATE: December 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, December 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 Robert Slavens
Rusty Jones Louis Maltos
Absent: David Hadley, Pat London & Jimmy Nickles
A quorum was declared present and the meeting was called to order.
Nancy McNayr, Planning Consultant was present to give the staff reports.
Mike Cox and Zane Qualls were also present to give staff reports.
AGENDA ITEM NO. 2: Approval of the minutes from the November 7, 2007 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner Slavens to approve the November 7, 2007 Planning Commission Meeting minutes.
AGENDA ITEM NO. 3: Approval of the 2008 Calendar year schedule of regular meetings.
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After discussing if the second scheduled meeting of the month is needed, Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Maltos to approve the 2008 Calendar year schedule of regular meetings excluding the second meeting of the month.
Motion carried:
AYE: Slavens, Maltos, Jones and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 4: 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 (Deferred from 11/7/07)
Mr. & Mrs. Don Chlouber were in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr stated the applicant was withdrawing the application with the understanding the use will stay the same use making this property a legal non-conforming use.
Mr. Chlouber came forwarding stating the use would stay the same & withdrew his application.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Slavens to accept the withdrawal of the application, keeping the zoning as C-1.
Motion carried:
AYE: Maltos, Slavens, Jones and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 5: A public hearing for consideration of approval to rezone property from A-1; Agricultural to C-3; Automotive, Commercial & Recreation for property located at 2025 E. MacArthur. (Applicant: Robert & Alethia Woodmoore) Case# P32-07
Mr. Robert Woodmoore was in the audience.
Nick Noble was also in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation.
Staff recommended denial of the proposed C-3 zoning and recommended C-1 zoning with a Conditional Use Permit to allow for a mini-storage.
Mr. Robert Woodmoore came forward with his proposal. He stated there would be a brick wall separating this property from the residential properties. Mr. Woodmoore explained there would be no vehicle or outside storage. He plans on putting a wrought iron fence with brick towers every 30 feet around the facility. He answered questions from the Commission.
Chairman Holt opened the public hearing and asked if anyone was for or against the proposal. Mr. Nick Noble came forward stating he owns the property to the east. He asked if the property is rezoned to C-3 and sold at a later date, what type of business could go in. Nancy McNayr explained the different type of businesses that are allowed in C-3 zoning. Mr. Noble voiced his concerns about future development close to his property.
There was a question and answer session.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner Slavens to defer this item to the January 2, 2008 meeting.
AGENDA ITEM NO. 6: A public hearing for consideration of approval to rezone property from R-1; Residential to C-3; Automotive, Commercial & Recreation for property located at 4706 N. Harrison. (Applicant: Jim Henderson) Case# P33-07
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr stated that the applicant is aware that the house on the property cannot be used as a residence if the zoning is approved. The applicant submitted a letter to that affect. Staff recommended approval of the rezoning.
Chairman Holt opened the public hearing and asked if 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 Maltos to approve the rezoning of 4706 N. Harrison to C-3.
Motion carried:
AYE: Slavens, Maltos, Jones and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 7: Consideration of approval of the Final Plat for the Woodlands at Windmill Ridge located north of Independence and east of Bryan, NE corner of Windmill Ridge (Applicant: Windmill Development)
Greg Brown and Chris Gray 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 final plat with:
1. ‘Limits-of-No-Access’ on the Bradley Street frontage for Lot 1 Block 7, Lot 3 Block 6, Lot 11, Block 8, and the west 100' of Lot 10, Block 8.
2. The building line setback on the following lots should show 25 feet instead of 15 feet: Lot 3, Block 6; Lot 1 & Lot 22; Block 7, and Lots 5 & 11 Block 8.
3. Allow variance requested for a 15’ setback on west side of Lot 1 Block 8.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner Slavens to approve the final plat with the technical requirements suggested and allow the variance requested.
Motion carried:
AYE: Jones Slavens, Holt and Maltos
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 8: Consideration of approval of a short-form subdivision located at 196 & 198 Shawnee Mall Dr. (Applicant: Michael Lawshe, obo Wal-Mart)
Michael Lawshe was in the audience.
Chairman Holt asked for the Staff Report. Mike Cox, Code Enforcement officer for the City of Shawnee presented the staff report. Wal-Mart is requesting a separate lot for the existing Murhpy USA’s retail location. Staff recommended approval of the request for a lot split.
Mr. Michael Lawshe answered questions from the Commission.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Maltos to approve the lot split.
Motion carried:
AYE: Slavens, Maltos, Jones and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 9: Consideration of approval of a short-form subdivision on property located at 2803 N. Broadway (Applicant: Richard Palomares)
Chairman Holt asked for the Staff Report. Zane Qualls, Code Enforcement officer for the City of Shawnee presented the staff report. The request is to subdivide this lot into 2 individual lots. The applicant has applied for a building permit for an existing structure on one of the lots to be turned into a single family residence. Both lots meet existing zoning requirements. Short-Form subdivision regulations have been met. Staff recommended approval of the short-form subdivision.
Mr. Zane Qualls answered questions from the commission.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Jones to approve the lot split.
AGENDA ITEM NO. 10: 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. 11: Commissioner’s Comments
AGENDA ITEM NO. 12: New Business
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