Date: 4/2/2008Board: Planning CommissionDocumentType: MinutesWeb Posted: 11/4/2008 2:15:07 PM



PLANNING COMMISSION MINUTES
DATE: April 2, 2008

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, April 2, 2008 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 Rusty Jones
Pat London Louis Maltos

Absent: Robert Slavens and 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.

AGENDA ITEM NO. 2: Approval of the minutes from the March 5, 2008 Planning Commission Meeting.

Chairman Holt asked for a motion, Commissioner London made a motion, seconded by Commissioner Maltos to approve the March 5, 2008 Planning Commission Meeting minutes.

Motion carried:
AYE: London, Maltos, Jones, and Holt
NAY: None
ABSTAIN: None

AGENDA ITEM NO. 3: Case #P09-08 - A public hearing for consideration of approval to rezone property from A-1; Agricultural to C-2; Suburban Office for property located at 2019 E. MacArthur. (Applicant: First Church of God)


Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr explained this request is for a Church. This property is less than 5 acres and since the minimum for agricultural zoning is 5 acres the property needed to be rezoned. Staff recommended rezoning 2019 E. MacArthur to R-1; Residential.

John Holt asked if there were any questions.

John Holt opened the public hearing asking if anyone wanted to speak for or against this proposal.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner London to approve the rezoning to R-1 for property located at 2019 E. MacArthur.
Motion carried:

AYE: Jones, London, Holt and Maltos
NAY: None
ABSTAIN: None


AGENDA ITEM NO. 4: Case #S13-08 – Consideration of approval of the preliminary plat for First Church of God located on MacArthur west of Bryan 2019 E. MacArthur. (Applicant: First Church of God) .

Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr explained this is a 1 lot plat. Technical issues:

1. Sidewalks-the 6’ sidewalk must be constructed as part of the public improvements.
2. A drainage report and hydraulic plan will be submitted for review.
3. Provide a 20’ utility easement on the east side of property.

Staff recommended approval of the preliminary plat for First Church of God with technical issues being met.

Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner London to approve the preliminary plat for First Church of God with technical issues being met.

Motion carried:

AYE: Jones, London, Holt and Maltos
NAY: None
ABSTAIN: None

AGENDA ITEM NO. 5: Case #S14-08 – Consideration of approval of the final plat for First Church of God located on MacArthur west of Bryan 2019 E. MacArthur. (Applicant: First Church of God) .

Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr explained this is the final plat, same issues was preliminary plat. Technical issues:

1. Sidewalks-the 6’ sidewalk must be constructed as part of the public improvements.
2. A drainage report and hydraulic plan will be submitted for review.
3. Provide a 20’ utility easement on the east side of property.

Staff recommended approval of the final plat for First Church of God with technical issues being met.

Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner London to approve the final plat for First Church of God with technical issues being met

Motion carried:

AYE: Jones, London, Holt and Maltos
NAY: None
ABSTAIN: None



AGENDA ITEM NO. 6: Case #P10-08 - A public hearing for consideration of approval to rezone property from R-1; Residential to R-3; Multi Family Dwelling for property located at 1851 W. Macarthur. (Applicant: Tom Beird).


Chairman Holt asked for the Staff Report. Nancy McNayr reported the application for this case has been withdrawn. While reviewing this case it was discovered the property had been rezoned to R-3 in 2002.

AGENDA ITEM NO. 7: Case #P11-08 - A public hearing for consideration of approval of a Conditional Use Permit to allow for the sale of beer and alcohol in C-3 zoning for property located at 3900 N. Harrison. (Applicant: Sherry Jennings).

Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. Mcnayr reported this establishment is currently a bar & grill now changing ownership. Staff recommended approval of the Conditional Use Permit to allow for the sale of beer & alcohol for on premise consumption for property located at 3900 N. Harrison.

John Holt opened the public hearing asking if anyone was for or against this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to approve the Conditional Use Permit to allow for the sale of beer & alcohol for on premise consumption for property located at 3900 N. Harrison
Motion carried:

AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None

AGENDA ITEM NO. 8 Case #P12-08 - A public hearing for consideration of approval of a Planned Unit Development (PUD) of Majestic Dominion Properties, a revised PUD of Howard E. Tommie Enterprises for property located on Harrison North of Transportation Parkway (Applicant: Majestic Dominion INC)

Steve Landes was in the audience

Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr explained the applicant is amending part of the PUD and explained the uses. She explained there were several problems that needed to be corrected. Mrs. McNayr requested to defer this item to let the developer revise the documents.

Steve Landes, the engineer for the project came forward and stated the issues could be easily corrected. There was a lengthy discussion between the Commission, Steve Landes and Nancy McNayr. Mrs. McNayr stated the document needs to be clear before approving.

John Holt opened the public hearing asking if anyone was for this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner London to defer this item to the April 23, 2008 meeting.
Motion carried:

AYE: Maltos, London, Holt and Jones
NAY: None
ABSTAIN: None


AGENDA ITEM NO. 9 Case #S15-08-Consideration of approval of the preliminary plat for Majestic Dominion for property located on Harrison north of Transportation Parkway. (Applicant: Majestic Dominion INC)

Chairman Holt asked for the Staff Report. Nancy McNayr reported the plat has some of the same issues as the PUD that need clarified before approving and suggested deferring this item also.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to defer this item to the April 23, 2008 meeting.
Motion carried:

AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None


AGENDA ITEM NO. 10 Case #P13-08 - A public hearing for consideration of approval of Planned Unit Development (PUD) of Bryan Street Development, an amended PUD Fidler Properties for property located on the NW corner of Independence & Bryan (Applicant: Bryan St. Development)

Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr reported that the PUD document needed corrections and recommended to defer to the April 23 meeting.

Steve Landes came forward to explain some of the changes in the PUD.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner London to defer this item to the April 23, 2008 meeting.
Motion carried:

AYE: Maltos, London, Holt and Jones
NAY: None
ABSTAIN: None

AGENDA ITEM NO. 11: Case # S16-08- Consideration of approval of the preliminary plat for Bryan Street Development for property located on the NW corner of Independence & Bryan (Applicant: Bryan St. Development)
.
Chairman Holt asked for the Staff Report. Nancy McNayr asked that this item also be deferred to the April 23 meeting.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to defer this item to the April 23, 2008 meeting Motion carried:

AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None


AGENDA ITEM NO. 12: Case #S10-08 – Consideration of approval of the preliminary plat for Woodmore Addition located at 2025 E. MacArthur. (Applicant: Robert Woodmore) Deferred from March 5, 2008 meeting
Robert Woodmore was in the audience
Chairman Holt asked for the Staff Report. Nancy McNayr stated the rezoning for this property did not pass. The plat cannot be approved in A-1 for less than 5 acres. Staff recommend deferring this item to May 7, 2008.

Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to defer this item to the May 7, 2008 meeting.

Motion carried:

AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None


AGENDA ITEM NO. 13: Case #S11-08 – Consideration of approval of the final for Woodmore Addition located at 2025 E. MacArthur. (Applicant: Robert Woodmore) Deferred from March 5, 2008 meeting

Chairman Holt asked this item be deferred to May 7, 2008 meeting.

Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to defer this item to the May 7, 2008 meeting.
Motion carried:

AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None



AGENDA ITEM NO. 14: Consider proposed changes to the Shawnee Subdivision Regulations Section 40.2.8 Sidewalks (deferred from February 20, 2008 meeting)
Chairman Holt asked for a staff report. Nancy McNayr presented the report.
There was a lengthy discussion between Link Cowen, the Commission, Nancy McNayr and Jim Collard. A decision was made to hold a work session to discuss sidewalk issues.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner London to hold a work session with the Planning & City Commission on April 8.

AYE: Maltos, London, Holt and Jones
NAY: None
ABSTAIN: None

AGENDA ITEM NO. 15: Commissioner’s Comments
AGENDA ITEM NO. 16: New Business

AGENDA ITEM NO. 17: Adjournment

Meeting was adjourned.

Chairman/Vice-Chairman

Karen Drain
Karen Drain, Planning Commission Secretary

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