The Planning Commission of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in the Commission Chambers, at City Hall, 9th and Broadway, on Wednesday, May 6th, 2015 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:
AGENDA ITEM NO. 2: Consideration of Approval of the minutes from the March 4th, 2015 Planning Commission Meeting
Chairman Silvia asked if the Board had time to review or if there were any changes they would like to make. Commissioner Kerbs made a motion to approve, seconded by Commissioner Kienzle.
AGENDA ITEM NO. 3: Consideration of Approval of the minutes from the April 1st, 2015 Planning Commission Meeting
Chairman Silvia asked if the Board would like to entertain a motion or discussion. Commissioner Cowen made a motion to approve, seconded by Commissioner Kerbs.
AGENDA ITEM NO. 4: Case #P03-15– A public hearing for consideration of approval of a Conditional Use Permit for the sale of alcohol regarding property located at 731 E. Independence Street, Shawnee, OK
Applicant: Lottie Coody
Chairman Silvia asked for the staff report. Justin Debruin presented the staff report. Mr. Debruin stated
the request was for a Conditional Use Permit for a site located in Del Plaza shopping center at 731 E. Independence for the sale of alcohol. Justin Debruin informed the Commissioners that staff has previously allowed the sale of alcohol in shopping centers and that the location is not within the state restricted three hundred feet from a church or school and therefore does recommend approval of the Conditional Use Permit with the condition that the permit will be limited to the subject lease space and not the shopping center as a whole. Mr. Debruin informed the Commissioners that staff did receive a complaint letter regarding the traffic congestion in the area. Chairman Silvia asked the Commissioners if there were any questions for staff.
Commissioner Kerbs asked Justin Debruin what would happen when the tenant vacated the leased space and Mr. Debruin stated that it would supersede after that point but there is an option to have the Conditional Use Permit dropped in such event if Commissioners agreed. Chairman Silvia asked for clarification on the question that the Conditional Use Permit would not automatically drop when the tenant vacates the lease space and would remain with the space unless the Commission limits it. Justin Debruin agreed. Commissioner Kerbs stated he would recommend limiting the Conditional Use Permit. Chairman Silvia asked if there were any additional questions for staff. There were none and Chairman Silvia opened the public portion of the meeting. Chairman Silvia asked for anyone who would like to speak against the item to come forward. No one came forward. Chairman Silvia proceeded to ask for anyone in favor of the item to come forward. No one came forward and Chairman Silvia closed the public portion of the meeting and opened for comments from the Commission.
Vice-Chairman Salter moved to either deny or defer to the next meeting in order to gain verification from the Applicant beforehand. Commissioners Kerbs seconded the motion to defer until the June 3rd, 2015 meeting.
Motion deferred to June 3rd, 2015 Meeting:
AYE: Clinard, Kerbs, Salter, Kienzle
NAY: Silvia
ABSTAIN: Cowen
AGENDA ITEM NO. 5: Case #P05-15 – A public hearing for consideration of approval of a Rezone with Conditional Use Permit for property located at 126 S. Center Street, Shawnee, OK from R-2; Combined Residential District to C-1; Neighborhood Commercial District
Applicants: Phil Fitzgerald and/or Rodney Bivens
Chairman Silvia asked for the staff report. Justin Debruin presented the staff report. Mr. Debruin informed the Commission that the applicant was requesting a Conditional Use Permit to construct a food resource center. The proposed building would include a grocery store experience with office and warehouse space. Mr. Debruin stated there would be regular store hours and a waiting room inside the building with a general focus on making healthy food choices accessible. Justin Debruin informed the Commission that there was recommendation letters turned in by other foundations supporting this project and that staff does recommend approval of the Conditional Use Permit. Chairman Silvia asked if there were any questions for staff. Vice-Chairman Salter asked for clarification of the normal grocery store hours. Mr. Debruin stated there were full time hours during the day and that the applicant would be able to clarify the hours but also mentioned that the area is more of a campus like setting. Chairman Silvia relayed that he was interested in knowing the hours of operation as well and stated that in the C-1 zoning they would not be able to operate in the evening as C-2 or above. Justin Debruin commented that there is a dilapidated house on the lot that will be demolished and further landscaping put in and that staff see this as a benefit to the area. The applicants looked at many sites for this use and this one seemed to fit better. Chairman Silvia asked what the hours of Mission Shawnee were and Mr. Debruin stated that he was not sure but the Applicants should be able to answer that for him. Chairman Silva opened the public portion of the meeting and asked if anyone who would like to speak against the application to come forward. No one came forward and Chairman Silvia asked if the Applicants or anyone in favor of the proposal would like to come forward. Phil Fitzgerald came forward stating he is the architect for this project and would accommodate all the local codes with the city and that the hours of operation are generally open from ten in the morning until about six or seven in the evening for four to five days a week. Mr. Fitzgerald stated he would be happy to answer any additional questions the Commissioners may have. Chairman Silvia asked if he was aware if there would be an access between the buildings. Mr. Fitzgerald informed him there would be no agreement but there was a parking access agreement in place and there was adequate parking available. Commissioner Kerbs asked if exhibit two was the footprint they were looking at and Mr. Fitzgerald stated it was similar but that he had an updated one that fit the site better. Mr. Fitzgerald informed the Commissioners of the process for the project and showed a preliminary footprint. Justin Debruin mentioned there were three conditions listed and Chairman Silvia closed the public portion of the meeting. Commissioner Kienzle asked if the applicant knew what percentage of the population would need the service. Rodney Bivens stated it was
around fifty three hundred in surrounding area and Chairman Silvia opened the public portion of the meeting. Commissioner Kienzle asked how often the families could come. Mr. Bivens stated it would generally be once a
month towards later part of the month. Commissioner Cowen asked where the applicants received their food from. Mr. Bivens mentioned that they get it both from donation and from purchasing. Chairman Silvia asked if there would be a possibility to close if they are able to educate the public and no longer have a need to continue the project. Mr. Bivens stated they hope to shorten the line but there are families with fixed incomes. Commissioner Cowen asked if the public had a certain amount or budget in place when using the service. Mr. Bivens agreed and relayed it was dependent on the size of the family and item count. Chairman Silvia closed the public portion and returned it back to staff. Justin Debruin went over the three conditions listed and Chairman Silvia asked if there were any other questions for staff. There were no questions and Chairman Silvia asked for a motion. Commissioner Clinard made a motion to approve with the conditions as outlined by staff, seconded by Commissioner Kienzle.
AGENDA ITEM NO. 6: Case #P06-15 – A public hearing for consideration of approval of a Rezone for property located at 602 E. Highland Street, Shawnee, OK from C-1; Neighborhood Commercial District to C-3; Highway Commercial District
Applicant: Scott Timmons
Chairman Silvia asked for the staff report. Justin Debruin presented the staff report. Mr. Debruin informed the Commissioners that the applicant is requesting a rezone to C-3 in order to operate a tattoo parlor and that staff does not recommend approval of the request at this time. Justin Debruin explained that there are two primary structures currently on the lot; there is no adequate parking at the site and size of lot runs short of requirement for C-3 zoning. Mr. Debruin did mention that staff is reviewing the possibility of moving the zoning of tattoo parlors from C-3 to C-1 and it can be done by ordinance. Chairman Silvia agreed it would be good to look more into this in the future. Vice-Chairman Salter asked if the parking would be adequate if allowed in C-1 and Mr. Debruin informed him it would. Commissioner Cowen asked what size of the space the tenant would have and Justin Debruin stated he believed it was around two thousand square feet. Chairman Silvia asked how many vehicles would be allowed on the side road parking and Mr. Debruin said it was around four or five. Commissioner Kerbs asked what the timeline would be on moving tattoo parlors in C-1 instead of C-3 and Mr. Debruin informed him that it could potentially be next month. Commissioner Clinard asked if the existing tattoo parlors in the city met the requirements for C-3 and Justin Debruin informed her he was not positive. Chairman Silvia opened the public portion of the meeting and asked for anyone who wanted to speak against the application to come forward. No one came forward. Chairman Silvia asked for anyone in favor of the application to come forward and Scott Timmons came forward as the applicant and property owner and asked if there were any questions. Chairman Silvia asked about the square footage the tenant would be occupying and Scott Timmons stated he did not have that information with him but he believed it to be around twelve hundred and fifty square feet. Commissioner Cowen asked Mr. Timmons if he knew the numbers of employees that would be there. Mr. Timmons informed him he had hoped they would be here but he believed there to only be two or three of them. Commissioner Kienzle asked Mr. Timmons if he knew what the hours of operation were and Mr. Timmons mentioned he did not know very much about tattoo parlors and was unsure of the hours. Chairman Silvia stated he had a concern that the hours of operation may not be permissible even if zoning is changed. Chairman Silvia closed the public portion of the meeting and opened up to any comments or questions from the Commissioners, there were none and Chairman Silvia asked for a motion. Commissioner Kienzle made a motion to deny, seconded by Commissioner Cowen.
AGENDA ITEM NO. 7: Case #P08-15 – A public hearing for consideration of approval of a Rezone from R-2; Combined Residential District & R-3; Multi-Family Residential District to a Planned Unit Development for property located on Highland and Kimberly Street, Shawnee, OK
Applicant: Sac & Fox Housing Authority
Chairman Silvia asked for the staff report. Justin Debruin presented the staff report. Mr. Debruin stated the applicant was requesting for two apartment complexes to be constructed with a total of twenty three units. Justin Debruin mentioned the primary request for a Planned Unit Development included allowing on-street parking for the complexes and that staff recommended converting Kimberly Street from a public street to a private street. Mr. Debruin also stated that there would be a six foot sidewalk required along Highland Street as well as storm water detention plans submitted. There is one condition Justin Debruin discussed that included having the public right-of-way closed and vacated from the Court records before consideration of the Preliminary Plat. Mr. Debruin informed the Commission that the site would primarily be for elderly housing. Chairman Silvia asked if the four listed changes in the staff report would be conditions and Justin Debruin explained that they would be conditions for when the Preliminary Plat comes before the Commission. Commissioner Kienzle asked if there was a threshold requirement for onsite managers. Justin Erickson stated that there is currently no requirement for that. Commissioner Kienzle proceeded to ask how storm shelters being locked were managed. Justin Debruin informed her that was a good question that the applicant may have the answer to. Chairman Silvia asked if there were any other questions for staff and Commissioner Clinard asked if the storm shelter was a condition similar to the storm water detention and Justin Debruin stated it was a recommendation. Commissioner Clinard proceeded to ask if the Sac & Fox Housing Authority would manage the site and Mr. Debruin expressed that he believed so. Commissioner Kerbs asked if the standards for Kimberly Street would continue after being converted to a private street. Justin Debruin informed him that the standards would stay the same. Commissioner Cowen asked if the land was sovereign land now. Justin Erickson informed him that it’s typically not sovereign land or trust land and there is a good relationship with the Housing Authority. Vice-Chairman Salter asked who would be responsible for the infrastructure on Kimberly Street and Justin Erickson informed him it would stay as a public easement. Chairman Silvia asked if there were further questions for staff, there were none and Chairman Silvia opened the public portion of the meeting. Chairman Silvia asked if anyone against the application would like to come forward, there were none and Chairman Silvia proceeded to ask if the applicant or anyone in favor of the application would like to come forward. Randy Sneed came forward and introduced himself as the compliance officer for the Sac & Fox Nation and expressed that he would be happy to answer any questions the Commission may have. Mr. Sneed mentioned that Sac & Fox has owned the property since 1973 and asked for Skip Landes to come forward to answer any additional questions or concerns for the area. Mr. Landes went over the plans for the complex and Commissioner Kerbs asked if the primary use would be for elderly. Mr. Landes agreed and informed him it may be for family as well. Randy Sneed discussed the need for housing among the city and Commissioner Kerbs expressed his concern for the fire trucks and ambulances that may need to get in the area. Mr. Landes informed him of the hammerhead design. Amanda Proctor came forward as legal counsel and discussed the inter-local agreement between Sac & Fox Nation and Pottawatomie County regarding ordinances and regulations being kept up as well as an agreement for officers to maintain the keys and access to the storm shelter. Chairman Silvia closed the public portion of the meeting and asked for any comments from Commission. There were none and Commissioner Cowen made a motion to approve with staff recommendations, seconded by Commissioner Kerbs.
AGENDA ITEM NO. 8: Case #P09-15 – A public hearing for consideration of approval of a Rezone for property located on Harrison Street and Wolverine Road, Shawnee, OK from A-1; Rural Agricultural District to I-3; Heavy Industrial District
Applicant: The Landrun Group LLC
Chairman Silvia asked for the staff report. Justin Debruin presented the staff report. Mr. Debruin informed the Commissioners that the request is for a wood treatment facility and that there would be a joint staff report for this case and the following agenda item. Justin Debruin stated the site met all specifications and mentioned that the applicant was present to answer any questions. Mr. Debruin informed the Commissioner’s that staff did recommend approval for rezone and preliminary plat with listed conditions as well as six requirements. Vice-Chairman Salter asked if product would arrive by train or street and Justin Debruin stated by street with a future plan to incorporate the railroad system. Commissioner Kienzle asked if the fee in lieu of supported sidewalks and other developments and Justin Debruin agreed. Chairman Silvia discussed the process for fee in lieu of and opened public portion of the meeting. Chairman Silvia asked if anyone against the application would like to come forward, no one came forward and Chairman Silvia asked for anyone in favor of the application to come forward. Steve Landes came forward and stated that he would be happy to answer any questions the Commission may have. Commissioner Kienzle asked if Mr. Landes knew how many jobs the request could bring. Mr. Landes informed her the first phase may be eight employees. Commissioner Clinard asked about chemicals being recycled and staying on site. Mr. Landes discussed process for treating the lumber. Chairman Silvia closed public portion of the meeting and asked if the Commissioners had any comments or questions. Commissioner Kerbs asked Tim Burg if he would come up and discuss his understanding of the application request. Chairman Silvia asked if there were any other questions, there were none and Chairman Silvia asked to entertain a motion. Commissioner Kerbs made a motion to approve, seconded by Vice-Chairman Salter.
AGENDA ITEM NO. 9: Case #S05-15 – Consideration of approval of a Preliminary Plat for North Harrison Industrial Park located on Harrison Street and Wolverine Road, Shawnee, OK
Applicant: The Landrun Group LLC
Combined staff report. Chairman Silvia opened item number and asked if there were any further
comments or questions. There were none and Chairman Silvia asked to entertain a motion. Commissioner Kerbs made a motion to approve with staff recommendations, seconded by Commissioner Clinard.
AGENDA ITEM NO. 10: Case #P10-15 – A public hearing for consideration of approval of a Planned Unit Development for property located on Kickapoo Street, North of MacArthur, Shawnee, OK
Applicant: The Landrun Group LLC
Chairman Silvia asked for the staff report. Justin Debruin presented the staff report and informed the Commissioners that there would be a joint staff report for this case and the following agenda item. Mr. Debruin mentioned the proposal was for three lots with commercial development to relocate a Pizza Hut. Justin Debruin informed the Commissioners there would be three shared drives with appropriate cross access agreements. Mr. Debruin stated that the site is already served by existing water and sewer but will require a six foot sidewalk and discussed storm water drainage. Justin Debruin informed the Commission that staff does recommend approval with conditions. Chairman Silvia asked if the two conditions were just for the Planned Unit Development and Justin Debruin agreed and Chairman Silvia asked if there were any questions for staff. There were none and Chairman Silvia opened the public portion of the meeting. Chairman Silvia asked if anyone against the application would like to come forward. No one came forward and Chairman Silvia proceeded to ask if anyone in favor of the application would like to come forward. Julie Landes came forward on behalf of the applicant and stated she would answer any questions the Commission may have. There were none and Chairman Silvia closed the public portion and entertained a motion. Commissioner Kienzle made a motion to approve with staff conditions, seconded by Commissioner Clinard.
AGENDA ITEM NO. 11: Case #S06-15 – Consideration of approval of a Preliminary Plat for Kickapoo Plaza located on Kickapoo Street, North of MacArthur, Shawnee, OK
Applicant: The Landrun Group LLC
Combined staff report. Chairman Silvia opened item number and asked if there no further questions or comments, to entertain a motion. Vice-Chairman Salter made a motion to approve with staff conditions, seconded by Chairman Silvia.
Motion carries with staff conditions:
AYE: Clinard, Kerbs, Silvia, Salter, Cowen, Kienzle
NAY:
ABSTAIN:
AGENDA ITEM NO. 12: A public hearing for consideration of approval of the Downtown Property Maintenance Code
Applicant: City of Shawnee
Justin Erickson presented staff report and included revisions from previous workshop. Mr. Erickson informed the Commissioners that approval is recommended and briefly discussed the highlights of the Code. Mr. Erickson stated he would be happy to answer any questions and Commissioner Clinard asked if there have been any remarks regarding the code since it was put out. Mr. Erickson informed her that there was no organized response and mentioned the basics of the enforcement process. Commissioner Cowen addressed considering a time limit for the owners. Mr. Erickson informed him he could make a clarifying statement regarding a time limit. Commissioner Cowen proceeded to ask what number of downtown property owners resided out of town. Justin Erickson stated he believed it be around twenty percent. Chairman Silvia asked if their discussion was covered in the original chapter seven ordinance. Mr. Erickson stated it would be a good idea to include the time limit. Commissioner Kerbs asked what a good recommendation for the time frame would be. Justin Erickson mentioned adding access to the building in the fifteen days’ time frame would be
sufficient. Vice-Chairman Salter asked for clarification regarding no provision for grandfathering and Mr. Erickson confirmed. Chairman Silvia asked if Commissioner Cowen wanted to add anything additional in
regards to the time limit or if they wanted to allow staff to make the revisions before going to the City Commission. Commissioner Cowen stated he believed staff could make the changes. Chairman Silvia opened the public portion of the meeting and asked for anyone who wanted to speak against the application to come forward. There were none and Chairman Silvia asked for anyone who wanted to speak in favor of the application to come forward. No one came forward and Chairman Silvia closed the public portion of the meeting. Chairman Silvia asked for any questions or comments from the Commission. There were none and Commissioner Cowen made a motion to approve with the amendment to incorporate the fifteen day time limit to property owners, seconded by Commissioner Kerbs.
Motion carries with one amendment:
AYE: Clinard, Kerbs, Silvia, Salter, Cowen, Kienzle
NAY:
ABSTAIN:
AGENDA ITEM NO. 11: Adjournment
Meeting was adjourned.
Chairman/Vice-Chairman Cheyenne Lincoln Planning Commission Secretary
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