PLANNING COMMISSION MINUTES
DATE: November 5, 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, November 5, 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
Jimmy Nickles Louis Maltos
Shawna Turner Kirk Hoster
Brad Carter
Absent: Rusty Jones
Note: Jimmy Nickles left the meeting at 2:30 p.m. after Agenda Item 12.
A quorum was declared present and the meeting was called to order.
AGENDA ITEM NO. 2: Approval of the minutes from the September 3, 2008 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner Nickles made a motion, seconded by Commissioner Maltos to approve the September 3, 2008 Planning Commission Meeting minutes.
Motion carried:
AYE: Nickles, Maltos, Turner, Hoster, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 3: Case #P32-08- A public hearing for consideration of approval to rezone property from A-1; Agricultural to C-2; Suburban Office for property located at 1318 E. Independence (Applicant: Douglas Combs)
Doug Combs was present for the meeting.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report. Mr. Erickson stated the existing structure was built in the 1980’s and appears to have always served as a dance studio. Staff recommended approval of rezoning 1318 E. Independence to C-2.
Mr. Erickson answered questions from the Commission concerning parking. He explained if the use changes that parking requirements would be checked at the time a Business Occupancy is submitted.
John Holt opened the public hearing asking if anyone wanted to speak for this proposal. Doug Combs came forward stating he wanted to clean up the zoning on this property. There are no plans to close the dance studio. Mr. Combs said there is parking in the back if needed in the future.
No one spoke against the proposal.
Chairman Holt asked for a motion, Commissioner Hoster made a motion, seconded by Commissioner Nickles to approve rezoning 1318 E. Independence from A-1 to C-2.
AGENDA ITEM NO. 4: Case #P33-08- A public hearing for consideration of approval of a Conditional Use Permit to allow for a stadium, arena or similar facility in C-4, Central Business District, for property located at 110 W. Main. (Applicant: Traci & Damion Westbrook)
Traci and Damion Westbrook were present for the meeting.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report. The proposed use is essentially a live music venue, which falls under several different categories under the Shawnee code. The Shawnee Comprehensive Plan designates the subject site as “commercial” and the proposed use is consistent with allowable uses in the C-4 Zone. There was one protest letter submitted regarding trash and noise associated with this site.
Staff recommended approval with 2 conditions:
1. The sale of alcoholic beverages is not authorized and any future request shall be subject to the Conditional Use Permit process.
2. The applicant shall obtain a “Certificate of Occupancy” from the Shawnee Community Development Department and all necessary approvals from the Shawnee Fire Marshall prior to operating the venue. All business licenses shall be obtained.
There was lengthy question & answer session between the Commission, Mr. Erickson and Damion Westbrook concerning trash, curfew, music, security and hours of operation. Mr. Westbrook stated their main goal was to keep kids safe and off drugs & alcohol. Traci Westbrook also came forward speaking for the proposal.
Chairman Holt opened the public hearing. No one spoke against the proposal.
Chairman Holt asked for a motion Commissioner Turner made a motion, seconded by Commissioner Carter to approve the Conditional Use Permit allow for a stadium, arena or similar facility in C-4, Central Business District, for property located at 110 W. Main with the 2 conditions being met and adding 2 more.
1. The sale of alcoholic beverages is not authorized and any future request shall be subject to the Conditional Use Permit process.
2. The applicant shall obtain a “Certificate of Occupancy” from the Shawnee Community Development Department and all necessary approvals from the Shawnee Fire Marshall prior to operating the venue. All business licenses shall be obtained.
3. Minimum of 4 in house security personnel present.
4. Staff to review and report back to the Planning Commission in 12 months.
AGENDA ITEM NO. 5: Case #P34-08- Sidewalk variance for 301 S. Kennedy. Applicant withdrew application.
Chairman Holt stated this item was withdrawn.
AGENDA ITEM NO. 6: Case #P35-08- A public hearing for consideration of approval of a Conditional Use Permit in C-1, Neighborhood Commercial district to allow for a Tattoo Studio for property located at 330 W. MacArthur Suite C. (Applicant: Kelly & Stephanie Stafford)
Stephanie Stafford was present for the meeting.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report. The applicants are relocating their tattoo parlor from N. Harrison to this location. Staff recommended approval of the Conditional Use Permit.
Chairman Holt opened the public hearing asking if there was anyone for or against the proposal. Stephanie Stafford came forward and explained the owner is selling the property on Harrison and they needed to relocate. No one spoke against the proposal.
Chairman Holt asked for a motion, Commissioner Carte made a motion, seconded by Commissioner Turner to approve the Conditional Use Permit to allow for a Tattoo Parlor at 330 W. MacArthur Suite C.
AGENDA ITEM NO. 7: Case #P37-08- A public hearing for consideration of approval to rezone property from R-3P, Mutli-Family Residential with a Conditional Use Permit to allow for a day care to C-2; Suburban Office with a Conditional Use Permit to allow for a day care for property located at 1402 E. Independence. (Applicant: Mehdi Azimi)
Mehdi Azimi was present for the meeting.
Chairman Holt asked for the Staff Report. Justin Erickson summarized the staff report. Mr. Erickson stated the proposal is consistent with the surrounding property. Rezoning to C-2 would allow for future office use. There is a parking area in the back of the property. Parking requirements would be addressed if the use changes.
Staff recommended approval the rezoning to C-2 with a Conditional Use Permit to allow for a day care.
Mr. Erickson answered questions from the Commission.
Chairman Holt opened the public hearing. Mehdi Azimi came forward with general dimensions of the property and parking information.
No one spoke against the proposal.
Chairman Holt asked for a motion, Commissioner Hoster made a motion, seconded by Commissioner Maltos to approve rezoning property located at 1402 E. Independence from R-3P to C-2 with a Conditional use permit to allow for a day care.
Motion carried:
AYE: Hoster, Maltos, Turner, Nickles, Carter and Holt
NAY: None
ABSTAIN: None
Let the record show Mr. Holt requested to hear agenda item 12, before returning to Agenda Item 8. 9, 10 & 11
AGENDA ITEM NO. 8: Case #P36-08- A public hearing for consideration of approval to rezone property from A-1, Agricultural and C-2, Suburban Office to a Planned Unit Development with C-2, Suburban Office zoning classification for property located at the NW corner of MacArthur & Kethley. (Applicant: Mass Architects Inc obo Unity Health Center)
Duane Mass was present for the hearing.
Chairman Holt asked for the Staff Report. Justin Erickson stated this was a combined staff report addressing Agenda Items 8, 9 and 10. Mr. Erickson summarized the staff report.
The proposal is for a medical health complex. The total project size is 37 acres, with 12.2 acres included in the final plat or first phase. The subject property is currently zoned C-2 and A-1. The applicant proposes medical-related uses for each of the lots, consistent with C-2 zoning. The applicant has requested variations from City standards as part of the PUD, include the following:
1. Allowance for a private street network to serve the site and allowance for those lots to front upon said private street;
2. Setback requirements for lots 1-2 (Block 3) in the southwest corner of the site (note access will not be from MacArthur Street);
3. Rather than apply the 30% coverage ratio for each lot, the coverage ratio will be applied across the entire 37-acre development;
4. Reduction of the 20-foot easement along the west property line to 15-feet; and
5. Elimination of the requirement that private roads have 20-foot public utility easements along one side of the road; and
6. Shared parking will be permitted.
Staff recommended these variations be included as part of any PUD approval.
The preliminary plat is for a total of 25 buildable lots on approximately 37 acres. The first phase of the final plat will be for 8 lots which is approximately 12.2 acres.
Staff recommended approval of the Unity Medical Plaza PUD and associated preliminary and final plats and all applicable deviations as noted and in the Unity Medical Plaza PUD Design Statement, subject to the following conditions:
1. A final revised PUD Master Plan and Design Statement shall be submitted and signed in accordance with Section 1101.12(B) of the Shawnee Zoning Code prior to filing of the final plat.
2. Recorded access agreements for each lot shall be submitted to the City concurrent with each building permit submittal in those cases where the parking standards cannot be met onsite.
3. The FAA Restricted Airspace setback/building line that encroaches upon the northwest portion shall be shown on a revised preliminary plat and subsequent final plats.
4. Prior to filing the final plat, the applicant shall commence with making the required site improvements in accordance with construction plans approved by the City. In lieu of completion of all improvements prior to final plat recording, the applicant may post a bond or other surety in accordance with Section 70.3 of the Shawnee Subdivision Regulations.
5. Sidewalks along Kethley Road and MacArthur Street shall be constructed in accordance with City standards and shall be installed prior to occupancy permits being issued for each subject lot.
6. All other applicable City standards apply.
John Holt opened the public hearing and asked if there was anyone for the proposal. Duane Mass obo Unity Health Center came forward and commended City of Shawnee staff for the help and knowledge they provided. He stated this project will enhance the medical community. It will alleviate many of the space problems the hospital has now. The first phase will be for 8 lots with 4 buildings. No one spoke against the proposal.
Chairman Holt asked for a motion. A motion was made by Commissioner Hoster, seconded by Commissioner Maltos to approve the rezoning from A-1 and C-2 to a Planned Unit Development with C-2 zoning classification for property located at the Northwest Corner of MacArthur & Kethley with the 6 conditions being met.
Motion carried:
AYE: Hoster, Maltos, Turner, Carter and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 9: Case # S24-08- Consideration of approval of a preliminary plat for Unity Park Addition located at the NW corner of MacArthur & Kethley. (Applicant: Mass Architects Inc obo Unity Health Center)
John Holt asked for a motion. A motion was made by Commissioner Turner seconded by Commissioner Carter to approve the preliminary plat for Unity Park Addition with the 6 conditions being met.
AGENDA ITEM NO. 10: Case # S25-08- Consideration of approval of a final plat for Unity Park Addition located at the NW corner of MacArthur & Kethley. (Applicant: Mass Architects Inc obo Unity Health Center)
John Holt asked for a motion. A motion was made by Commissioner Maltos seconded by Commissioner Hoster approve the final plat for Unity Park Addition with the 6 conditions being met.
AGENDA ITEM NO. 11: Case #S22-08- Consideration of approval of a final plat for Woodmore Addition located at Westech & Highway 18 (Applicant: Robert Woodmore.) Continued from September 3, 2008.
Robert Woodmoore and Steve Landes were present for the meeting.
Justin Erickson stated there is not a formal staff report in this packet. This property will be developed as a mini storage. The site is unique because there are several different options to serve this site with sewer. Staff will need a defined method to approve the final plat. The Planning Commission could defer this item to the next meeting or recommend approval and wait to submit the final plat to the City Commission subject to final acceptance by staff.
John Holt asked for a motion. Commissioner Hoster made a motion, seconded by Commissioner Carter to approve the final plat for Woodmore Addition subject to sending to City Commission after final acceptance by staff.
Motion carried:
AYE: Hoster, Carter, Holt, and Turner
NAY: Maltos
ABSTAIN: None
AGENDA ITEM NO. 12: Case #S26-08 – Consideration of approval of a short form subdivision, to create three lots for property located at 301 S. Kennedy. (Applicant: William Weidower)
Mike Little, Bill Little and Donald Piett were present for the meeting.
John Holt asked for a staff report. Justin Erickson summarized the staff report.
Mr. Erickson stated he reviewed the submitted plat surveys, legal descriptions and easements and finds it is in compliance with City Code. The installation of sidewalks shall be defined at the platting stage. Staff recommended approval of the Short Form Subdivision.
Justin Erickson answered questions from the Commission.
John Holt opened the public hearing and asked if anyone was for the proposal. Donald Piett from Faith 7 Activity Center came forward and said he would be happy to answer any questions. Mr. Weidower could not attend today’s meeting.
No one spoke against the proposal.
John Holt asked for a motion. Commissioner Hoster made a motion, seconded by Commissioner Carter to approve the Short Form Subdivision for property located at 301 S. Kennedy with the installation of sidewalks.
Motion carried:
AYE: Hoster, Carter, Holt, Maltos, Turner and Nickles
NAY: None
ABSTAIN: None
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