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, January 4, 2012 at 1:30 p.m., pursuant to notice duly posted as prescribed by law. Justin Erickson, Planning Director for the City of Shawnee, presented the staff reports. Staff reports are available upon request.
AGENDA ITEM NO. 1: Roll Call
Upon roll call the following members were present:
Carl Holt, Kirk Hoster, Shawna Turner, Chris Silvia, Taylor Prince, Ben Salter
Absent: Brad Carter
A quorum was declared present and the meeting was called to order.
AGENDA ITEM NO. 2: Approval of the minutes from the December 7, 2011 Planning Commission Meeting.
Shawna Turner asked for a motion, Commissioner Holt made a motion seconded by Commissioner Silvia to approve the December 7, 2011 minutes.
AGENDA ITEM NO. 3: Case # P01-12 – Consideration of approval to rezone property located at the NW corner of Bryan & 45th from A-1; Agricultural to C-3; Automotive, Commercial & Recreation. Applicant: Landes Engineering, LLC.
Shawna Turner asked for the staff report. Justin Erickson presented the staff report and recommended approval to rezone to C-3.
Mr. Erickson stated the applicant’s intended use for the property is a Church which is allowed in A-1and is not certain why the applicant is proposing rezone. However, C-3 is consistent with the Shawnee Comprehensive Plan and rezone would permit
additional commercial activity if the proposed church does not occupy the entire 10 acres.
Mr. Erickson answered questions from the Commission.
Shawna Turner opened the public hearing and asked if anyone was in favor of the proposal. Richard Landes came forward in favor of the proposal. The applicant will need to extend water & sewer lines, which is expensive, so they would need to plan for future development. The initial plan is for a church on the SW corner. There is no plan at this time for the other portion of the land. Mr. Landes answered questions from the Commission.
Shawna Turner asked if anyone was against the proposal. Mike Piggott, president of the Woodsong Homeowners Association, came forwarded and stated he is not opposed to a church being build there, but does not like blindly rezoning to C-3.
stated if the rezoning is not necessary right now to build a church, he is asking it not to be rezoned at this time.
Mr. Larry Vassaur from Enchanted Forrest came forward with concerns of rezoning to C-3.
Shawna Turner asked for a motion, Commissioner Holt made a motion, seconded by Commissioner Salter to deny the request to rezone to C-3 and keep A-1 zoning.
Motion tied: (did not pass)
AYE: Holt, Salter, Turner
NAY: Hoster, Silvia, Prince
A motion was then made by Commissioner Silvia, seconded by Commissioner Prince to deny the request to rezone to C-3 and approve rezoning to C-2.
AGENDA ITEM NO. 4: Case # P02-12 – Consideration of approval of a Conditional Use Permit to allow for a spa offering massage therapy in C-3 zoning for property located at 1613 N. Harrison Applicant: Carl McCollum.
Shawna Turner asked for the staff report. Justin Erickson presented the staff report and recommended approval of the Conditional Use Permit to allow for a spa offering massage therapy with 2 conditions:
1. The applicant shall obtain all necessary building permits and City approval prior to opening for business.
2. The applicant shall obtain all necessary State and County permits required to operate the proposed business.
Shawna Turner opened the public hearing and asked if anyone was for the proposal. Carl McCollum, representative for Southstar Property Management, came forward for the proposal. No one spoke against the proposal.
Shawna Turner asked for a motion, Commissioner Silvia made a motion, seconded by Commissioner Hoster to approve the Conditional Use Permit to allow for a spa offering massage therapy with the 2 conditions as outlined by staff.
AGENDA ITEM NO. 5: Case # P03-12 – Consideration of approval to rezone property located 4410 & 4440 N. Kickapoo from R-1; Single Family Residential & C-2; Neighborhood Commercial to C-3; Automotive, Commercial & Recreation. Applicant: Peter Porter
Shawna Turner asked for the staff report. Justin Erickson presented the staff report & stated the proposed use is a retail center featuring a beauty salon/day spa and two other lease spaces. Justin Erickson recommended approval to rezone to C-3.
Mr. Erickson answered questions from the Commission.
Shawna Turner opened the public hearing and asked if anyone was for the proposal. Peter Porter came forward representing Phillip & Cynthia Nguyen. The intent is to construct a 6000 square foot retail center. Mr. Phillip Nguyen came forward and stated the nail salon will be 3000 square feet.
Shawna Turner asked if anyone was against the proposal. No one came forward.
Shawna Turner asked for a motion, Commissioner Salter made a motion, seconded by Commissioner Prince to approve the request rezone to C-3.
Shawna Turner asked for the staff report. Justin Erickson presented the staff report.
Based on the Shawnee Comprehensive Plan, Staff recommended that the Planning Commission direct Staff to prepare an ordinance to:
1. Repeal Section 3-216; or
2. Reinstate Section 3-216 with changes identified and discussed at the January 4 Meeting. Staff recommended changes include:
a. Permitting signs in only the C-3, C-5, CP, I-2 and I-3 zones;
b. Reducing the allowed surface area to 400 square feet or less;
c. Clarify that flashing, LED, and internally lit signs are not allowed; and
d. Other changes identified during the January 4 hearing.
The Planning Commission may elect to continue the matter to the February 1, 2012 meeting if additional time is needed for review, discussion and deliberation.
There was a lengthy discussion between Justin Erickson and the Commission.
Shawna Turner opened the public hearing for comment. Phil Tomlinson came forward and spoke in opposition of billboards.
City Commissioner, Steve Smith came forward and stated he brought this item to the City Commission for review. Mr. Smith recommended allowing billboards with restrictions.
Shawna Turner asked for a motion, Commissioner Silvia made a motion, seconded by Commissioner Prince to repeal Section 3-216.
AGENDA ITEM NO. 7: Discussion of various city projects.
Justin directed the Commission to the City of Shawnee website for detailed information.
AGENDA ITEM NO. 8: Planning Director’s report
Justin Erickson stated the single family permits were down for 2011, but commercial activity and multi-family permits were up.
AGENDA ITEM NO. 9: New Business/Commissioner Comments
Mayor Linda Peterson addressed the Planning Commission thanking them for their time. Mayor Peterson encouraged them to continue to use their best judgment as cases come before them.
AGENDA ITEM NO. 10: Adjournment
Meeting was adjourned.
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