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 23, 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
Robert Slavens
Absent: Jimmy Nickles
Note: Jimmy Nickles arrived at 1:42 p.m. during agenda item #3 then left at 2:55 p.m. during agenda item #5
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 April 2, 2008 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner London made a motion, seconded by Commissioner Maltos to approve the April 2, 2008 Planning Commission Meeting minutes.
AGENDA ITEM NO. 3: 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) Continued from April 2, 2008 meeting.
Steve Landes was in the audience
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. This item was continued from the April 2, 2008 meeting.
This PUD has a companion preliminary plat. The information on the PUD document has been revised and easier to read. Mrs. McNayr said there were still a few issues that needed addressed.
1. Statistical Data. Amend statistical data on the graphics to data as agreed to in the PUD document.
2. Sidewalks. Sidewalks will be required as per Shawnee Code on Harrison, Transportation Parkway, Regal Road, and Dominion Lane. Transportation Parkway, Regal Road, and Dominion Lane are collector streets. Sidewalks along Majestic Way (minimum of 4’) to serve the condominium residential project will be required as shown on the Preliminary Plat.
3. Temporary Emergency Accessibility.
6.2 Secondary Access Drive – It is the intention of Majestic Dominion Inc. to develop the property in phases beginning with Tract III (apartment complex). Prior to the development of the townhouses within that same Tract, or the development of Tract I or Tract II whichever occurs first, the Secondary Access Road must be installed to meet Shawnee Code and requirements, or another secondary access road is provided in another way. It will be the sole responsibility of Majestic Dominion Inc. to develop this road regardless of which phase follows Tract III. There will be no variances allowed on this issue. Tracts I and II will be final platted and developed based on need. Excluding lots 8 and 9 of Yahgnee Addition.
The Shawnee Fire Department has been asked to comment on the issue of a secondary means of emergency access to the multi-family residential project.
4. Common Signage and pole signs. Restricted as per the PUD document.
5. Driveway Limits on Harrison. There should be statement that limits the number of driveways on Harrison from Tract I to one (1) plus the common access drive on the west property line.
6. Drainage: The City Engineer requested a flow and drainage map be submitted for review prior to the April 23rd Planning Commission meeting. Additional comments may be available concerning drainage at the April 23rd meeting.
7. Property Owners Association. Covenants outlining the Property Owners Association should be submitted for review with any final plat.
Staff recommended approval with Tech. Issues 1-7 being met.
There was a question and answer session between Steve Landes and the Commission.
John Holt opened the public hearing asking if anyone was for this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Maltos to approve the PUD for Majestic Dominion with Tech. Issues 1-7 being met.
Motion carried:
AYE: Slavens, Maltos, Jones, Nickles, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 4 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) Continued from April 2, 2008 meeting.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. This is the preliminary plat that goes with the previous PUD. There is also a request for a variance to the Subdivision Regulations, Section 40.2.1.T.1, length of dead-end street. Code requires maximum of 500’. Majestic Way is approximately 700 feet in length.
Staff recommended approval with Tech. Issues 1-9 being met.
1. Statistical Data. Statistical data should be amended to reflect text changes to PUD document.
2. Sidewalks. Sidewalks will be required as per Shawnee Code on Harrison, Transportation Parkway, Regal Road, and Dominion Lane. Transportation Parkway, Regal Road, and Dominion Lane are collector streets. Sidewalks along Majestic Way (minimum of 4’) to serve the condominium residential project will be required as shown on the Preliminary Plat.
3. Temporary Emergency Accessibility.
6.3 Secondary Access Drive – It is the intention of Majestic Dominion Inc. to develop the property in phases beginning with Tract III (apartment complex). Prior to the development of the townhouses within that same Tract, or the development of Tract I or Tract II whichever occurs first, the Secondary Access Road must be installed to meet Shawnee Code and requirements, or another secondary access road is provided in another way. It will be the sole responsibility of Majestic Dominion Inc. to develop this road regardless of which phase follows Tract III. There will be no variances allowed on this issue. Tracts I and II will be final platted and developed based on need. Excluding lots 8 and 9 of Yahgnee Addition.
The Shawnee Fire Department has been asked to comment on the issue of a secondary means of emergency access to the multi-family residential project.
4. Common Signage and pole signs. Restricted as per the PUD document.
5. Driveway Limits on Harrison. There should be statement that limits the number of driveways on Harrison from Tract I (Lot 8 Yahgnee Addition) to one (1) drive on the west property line.
6. Drainage: The City Engineer requested a flow and drainage map be submitted for review prior to the April 23rd Planning Commission meeting. Additional comments may be available concerning drainage at the April 23rd meeting.
7. Property Owners Association. Covenants outlining the Property Owners Association should be submitted for review with any final plat.
8. Majestic Way – length variance required. Majestic Way is approximately 700 feet in length. Section 40.2.1.T.1 of the Shawnee Subdivision Regulations limits the length of a dead-end street to 500 feet.
9. Temporary Turn-around. During development, a temporary turn-around will be required at the end of the Dominion Way. The secondary access drive will serve as the 'turn-around' for Regalia Road.
After a lengthy discussion the Planning Commission added 2 more technical issues to be met.
10. Text in PUD limiting trash pickup and delivery trucks along public street next to the residential areas.
11. Require 20’ landscape corridor along public street adjacent to residential areas.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Slavens approve the variance to allow for 700 feet in length of dead-end on Majestic Way when code requires maximum of 500 feet.
Motion carried:
AYE: Maltos, Slavens, Jones, Nickles, London and Holt
NAY: None
ABSTAIN: None
Chairman Holt then asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Jones to approve the preliminary plat for Majestic Dominion with the 11 tech. issues being met.
Motion carried:
AYE: Slavens, Jones, Nickles, London ,Holt and Maltos
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 5 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) Continued from April 2, 2008 meeting.
There were several property owners in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. This PUD has a companion preliminary plat. Mrs. McNayr reported the primary difference in the PUDs is moving the land uses.
1. The Fire Department will have final review of drive layout for access and turning radius at corners.
2. Flood Zone Limits: If the flood revision request is approved by FEMA, the area may be developed as shown on the Master Development Plan map and the preliminary plat. Should the flood revision no the approved, an amended PUD document and preliminary plat might be required.
3. Divided Entry - Manor Drive. The entry drive should graphically show the median divided entry. divided entry drive referred to as Manor Drive. The median should be wide enough to allow landscaping to grow and thrive.
4. Manor Drive Commercial area. The PUD document should state:
a. No parking will be allowed on the private drive referred to as Manor Drive.
b. Trash containers shall not be allowed on Manor Drive unless properly screened and sited so that the City trash pick-up can access the trash receptacles without such receptacles being placed into he Drive.
c. Utility boxes, meters, etc., shall be screened so as to provide a pleasing visual image from the residential area to the west of Manor Drive.
Staff recommended approval of the Planned Unit Development of Bryan Street Development subject to the Technical Considerations 1-4.
Steve Landes came forward to explain some of the changes in the PUD. Homeowners, from Enchanted Forrest, Greg McQuerry and Bob Blair came forward with drainage concerns. Steve Landes answered their questions.
There was a discussion between the Commission, Steve Landes and Nancy McNayr.
Chairman Holt asked for a motion, Commissioner Slavens made a motion, seconded by Commissioner Maltos to approve the PUD for Bryan Street Development.
Motion carried:
AYE: Slavens,Maltos, Jones, London and Holt.
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 6: 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) Continued from April 2, 2008 meeting.
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Chairman Holt stated no staff report needed, the PUD addressed this plat. Staff recommended approval of the preliminary plat with technical issues 1-6 being met.
1. Private Driveways. A note should be placed directly on the Preliminary Plat and each Final Plat stating that all drives on this plat are private drives and not maintained by the public. A homeowners or property owners association must be formed to maintain all common areas and private drives. Covenants outlining the Property Owners Association should be submitted for review with any final plat.
2. The Fire Department will have final review of drive layout for access and turning radius at corners.
3. Divided Entry - Manor Drive. The entry drive should graphically show the median divided entry.
4. Manor Drive Commercial area. The PUD document should state:
a. No parking will be allowed on the private drive referred to as Manor Drive.
b. Trash containers shall not be allowed on Manor Drive unless properly screened and sited so that the City trash pick-up can access the trash receptacles without such receptacles being placed into he Drive.
c. Utility boxes, meters, etc., shall be screened so as to provide a pleasing visual image from the residential area to the west of Manor Drive.
5. Drainage – Reserve A. The natural drainage feature is located in the 100-year flooplain and may be modified. The area will be maintained by an association and any improvements (park benches, sidewalks, etc.) will be properly anchored and flood proofed. The Reserve area will be dedicated for the purpose of drainage and utility development.
Should the floodplain not be modified as prescribed in the above paragraph, the area may not be developed as shown on the Preliminary Plat or PUD Master Development Plan map. A revised Preliminary Plat will be necessary.
6. The preliminary plat should conform to the master plan.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner Slavens to approve the preliminary plat with tech issues 1-6 being met.
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