PLANNING COMMISSION MINUTES
DATE: February 4, 2009
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, February 4, 2009 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:
Louis Maltos Kirk Hoster
Shawna Turner Jimmy Nickles
Brad Carter Chris Silvia
Absent: John Holt
A quorum was declared present and the meeting was called to order.
Vice Chairman Louis Maltos conducted the meeting in John Holt’s absence.
AGENDA ITEM NO. 2: Approval of the minutes from the January 7, 2009 Planning Commission Meeting.
Vice-Chair Maltos asked for a motion, Commissioner Hoster made a motion, seconded by Commissioner Turner to approve the January 7, 2009 Planning Commission Meeting minutes.
Motion carried:
AYE: Hoster, Turner, Silvia, Nickles, Carter and Maltos
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 3: Case #P02-09 - A public hearing for consideration of approval to rezone property from A-1; Agricultural to R-1; Residential for property located West of Northridge Rd. & North of Castle Creek. (Applicant: Rick Austin)
Rick Austin was present for the meeting.
Vice-Chair Maltos asked for the Staff Report. Justin Erickson summarized the staff report. The total site area is approximately 4.0 acres in size. Adjacent properties are primarily zoned R-1 and are developed mostly with low-density residential uses. If the
rezoning is approved, the applicant’s intention is to come in with a subdivision. The Comprehensive plan designates this area as residential.
Staff recommended approval of the request to rezone property from A-1 to R-1.
Vice-Chair Maltos opened the public hearing asking if anyone wanted to speak for this proposal. Rick Austin came forward and explained the housing would be similar to the surrounding area.
No one spoke against the proposal.
Vice-Chair Maltos asked for a motion, Commissioner Hoster made a motion, seconded by Commissioner Silvia to approve rezoning property located west of Northridge Rd. & north of Castle Creek from A-1 to R-1.
AGENDA ITEM NO. 4: Case # P03-09 - A public hearing for consideration of approval of a Conditional Use Permit to allow for dry cleaning, laundry and dyeing plant for property located at 704 E. Independence. (Applicant: Dwight Yancey)
Dwight Yancey was present for the meeting.
Vice-Chair Maltos asked for the Staff Report. Justin Erickson summarized the staff report. This property is currently zoned C-3. The code requires a Conditional Use Permit for a dry cleaning, laundry and dyeing plant. The applicant has an existing dry cleaning business directly across Independence Street and will be relocating to this site.
Staff recommended approval of the Conditional Use Permit to operate a dry cleaning, laundry and dyeing plant at 704 E. Independence Street.
Mr. Erickson answered questions from the Commission.
Vice-Chair Maltos opened the public hearing and asked if anyone was for the proposal. Dwight Yancey came forward and answered questions from the Commission.
No one spoke against the proposal.
Vice-Chair Maltos asked for a motion, Commissioner Hoster made a motion seconded by Commissioner Turner to approve the Conditional Use Permit to operate a dry cleaning, laundry and dyeing plant at 704 E. Independence Street.
Motion carried:
AYE: Hoster, Turner, Silvia, Nickles, Carter and Maltos
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 5: Case # P04-09 - A public hearing for consideration of to grant a variance to the sidewalk ordinance for property located at 1010 E. MacArthur. The request is to waive the sidewalk requirement along MacArthur. (Applicant: Langley Management)
Mike Langley was present for the meeting.
Vice-Chair Maltos asked for the Staff Report. Justin Erickson summarized the staff report. The subject site is home to Langley Management Company, which recently underwent a 1,120-foot expansion, triggering the sidewalk requirement because the new construction exceeded the 15% exemption threshold. Mr. Erickson explained this is a difficult site for a sidewalk for several reasons. He stated the terrain is very hilly making it difficult to construct a sidewalk. He discussed the drainage and pointed out there is a significant drop off at the eastern edge of the property. There are also some man made obstacles at this site.
Staff recommended granting a variance for the subject property, which would eliminate the sidewalk requirement along the frontage of E. MacArthur Street.
Mr. Erickson answered questions from the Commission.
Vice-Chair Maltos opened the public hearing and asked if anyone was for the proposal. Mike Langley came forward with his reasons for wanting the variance and answered questions from the Commission.
No one spoke against the proposal.
Vice-Chair Maltos asked for a motion, Commissioner Silvia made a motion seconded by Commissioner Nickles to grant the variance.
AGENDA ITEM NO. 6: Case # S28-08- Consideration of approval of a final plat for Sehorn Commercial Plaza located in the 2250 block of N. Harrison. (Applicant: Mark Sehorn) Deferred from the January 7, 2009 meeting.
Mark Sehorn was present for the meeting.
Vice-Chair Maltos asked for the Staff Report. Justin Erickson summarized the staff report. The preliminary plat was approved in December 2008. The applicant requests final plat approval to allow for the creation of three commercial lots and one stormwater/drainage tract on 14.18 acres of a 20-acre tract. Two commercial enterprises are currently planned for two of the lots. The lots range in size from 1.04 acres to 5.35 acres in size. A large stormwater detention area is in the process of being constructed, which will serve the entire development and will be constructed as part of the first phase.
Staff recommended approval of the proposed final plat as submitted by the applicant, subject to the following conditions:
1. The requested variation for a driveway spaced at 159 feet rather than 175 feet is approved in accordance with the driveway location and spacing shown on the preliminary plat.
2. Sidewalks shall be constructed in accordance with City standards and shall be installed prior to issuance of occupancy permits on each subject lot, provided that sidewalks associated with the frontage of Lot 3 (within the cross-access easement) shall be completed in conjunction with development on Lot 1 and Lot 2, with the owner of each lot extending the sidewalk to the shared driveway.
3. The “common area and drainage easement” shall be constructed before or concurrent with development on Lot 1 and Lot 2 and those lots benefiting from its construction shall be given access via an easement notation on the face of the recorded plat or a separate recorded instrument, subject to approval by the City Engineer.
4. A note on the record plat shall state that “Block A – Common Area and Drainage Easement” is a non-buildable lot and shall not be considered a “lot of record.”
5. 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.
Mark Sehorn came forward and answered questions from the Commission.
Vice-Chair Maltos asked for a motion, Commissioner Hoster made a motion seconded by Commissioner Silvia to approve the final plat for Sehorn Commercial Plaza subject to the 5 conditions.
AGENDA ITEM NO. 7: A public hearing for consideration of approval to adopt the 2006 Edition of the International Property Maintenance Code.
Vice-Chair Maltos asked for the Staff Report. Justin Erickson recommended this item to be deferred to the April 1, 2009 meeting.
Vice-Chair Maltos asked for a motion, Commissioner Carter made a motion seconded by Commissioner Turner to defer this item to the April 1, 2009 meeting.
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