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, June 3rd, 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 May 6th, 2015
Planning Commission Meeting
Chairman Silvia asked if the Board had time to review the minutes and if so would entertain a motion if there were no questions or discussion. Commissioner Kienzle made a motion to approve, seconded by Vice-Chairman Salter.
AGENDA ITEM NO. 3: Swearing in of Michael Affentranger to the Planning Commission
Michael Affentranger came forward to be sworn in and took his seat.
AGENDA ITEM NO. 4: Appointment of Planning Commission Chairperson and Vice
Chairperson
Commissioner Bergsten took a moment to thank the previous Chairman and Vice-Chairman for their work and also welcomed Commissioner Affentranger to the board. Commissioner Bergsten asked for nominations for the Chairperson and Commissioner Kerbs made a motion to nominate Commissioner Bergsten, seconded by Commissioner Cowen.
Chairman Bergsten asked for a nomination for Vice-Chairperson. Commissioner Kerbs made a
motion to nominate Commissioner Cowen, seconded by Commissioner Kienzle.
AGENDA ITEM NO. 5: 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 Bergsten asked for the staff report. Justin Erickson presented the staff report. Mr. Erickson
mentioned that the item was deferred from previous meeting and the staff report was same as before. Mr. Erickson briefly went over staff recommending approval on the condition that the conditional use permit be limited for just the leased space. Mr. Erickson informed the Commission that there was an additional complaint letter turned in. Chairman Bergsten asked if there were any additional questions or comments for staff, there were none and Chairman Bergsten opened the public portion of the meeting and asked if anyone against the item would like to come forward. No one came forward and Chairman Bergsten asked if anyone in favor of the item would come forward. Lottie Coody came forward stating she is the applicant and would like to open a business in Shawnee to make extra income. Chairman Bergsten mentioned the concerns from the complaint letters regarding the karate school next door and traffic issues. Lottie Coody informed the Commission that it’s like that with any business with that small of parking and thinks the traffic would be controlled and also mentioned she understood there to be a previous liquor store in the same shopping strip at one time. Commissioner Affentranger asked Lottie Coody if she looked at different locations and Ms. Coody stated she had and this was the best location. Chairman Bergsten asked if there were any more questions, there were none and he asked to entertain a motion and thanked Lottie Coody. Commissioner Kerbs stated he had questions for staff and asked if staff took into consideration the traffic and concerns listed in the letters. Justin Erickson stated staff recognizes this to be a controversial subject and that this application meets all state and local laws. Commissioner Kienzle stated that she believes the traffic to have increased since Zippdog has gone in. Chairman Bergsten relayed his concern with the increased traffic in connection to the karate studio next door and Commissioner Affentranger agreed with his concerns. Chairman Bergsten asked if there were any other concerns or comments. Commissioner Kienzle asked if the shopping center was owned or managed by a local agency and Justin Erickson informed her it was only managed by a local agency, owner lived out of state. Commissioner Kienzle mentioned the differences in having a local owner or manager present to understand the needs of the shopping center. Commissioner Affentranger referred to the complaint letter from Russell Frantz mentioning moving the proposed liquor store in on the east side and asked Lottie Coody if that was a possibility. Lottie Coody stated it was not. Percy Harrell came forward to speak in favor of the applicant and mentioned the process they went through to locate this particular space and stated that the karate studio had extra parking available. Mr. Harrell informed the Commission that the concern for parking was already there and he did not believe the store would increase it tremendously. Percy asked if they had any questions. Commissioner Kienzle thanked Percy Harrell for pointing out the parking information. Chairman Bergsten asked what the quantity of intoxicated citizens were that would come in to the store. Vice-Chairman Cowen stated that it was illegal to sell to intoxicated persons and mentioned that it does happen on occasion but typically they aren’t intoxicated. Vice-Chairman Cowen asked Percy Harrell if he was familiar with the new state laws that were trying to be passed and Percy stated he did not. Vice-Chairman Cowen informed him that they were trying to allow wine and strong beer sales in grocery stores. Chairman Bergsten made an additional comment regarding the increased traffic coming in from the store and Percy Harrell thanked the Commission for their time. Chairman Bergsten asked if there were any additional questions or comments and Commissioner Kienzle stated that she would like to see the shopping center thrive. Commissioner Kerbs made a motion to deny, seconded by Commissioner Affentranger.
AGENDA ITEM NO. 6: Case #P11-15 – A public hearing for consideration of approval of a Conditional Use Permit for the operation of an Animal Boarding/Kennel facility located at 7311 N. Harrison Street, Shawnee, OK
Applicant: Clifford & Stephanie Burnside
Chairman Bergsten asked for the staff report. Justin Erickson presented the staff report. Mr. Erickson informed the Commission that the applicant requested a conditional use permit to operate an animal boarding/kennel facility and the property was already zoned C-3 and is 2.5 acres in size with a number of buildings on said property. Justin Erickson stated there were no opposition comments turned in regarding the proposal and staff does recommend approval. Mr. Erickson mentioned there was room to expand on the property later on if applicant desired and informed Commissioners that the applicant submitted a narrative highlighting the different uses and expertise. Justin Erickson stated the negatives sometimes associated with this type of facility should not play a factor due to the size of the parcel of land and the area it is located in and went on to state he would be happy to answer any questions. Chairman Bergsten asked if the residential house on property would be an issue and if someone would be living there. Justin Erickson stated it was legally grandfathered with people living in it and is allowed to continue that use. Chairman Bergsten asked if anyone would like to speak against the proposal, no one came forward and Chairman Bergsten went on to ask if anyone in favor of the proposal would like to come forward. Stephanie Burnside came forward as applicant and explained her operations and Commissioner Kerbs asked if applicant was purchasing and Stephanie agreed. Commissioner Kerbs also asked about the sewer at the property and the clean-up. Stephanie stated there was city water and septic. Commissioner Kienzle asked what licensing and inspection the state requires and Stephanie explained to her there were none but sometimes the American Kennel Club would inspect but also mentioned that they aren’t very good at it. Stephanie stated that she believed the city provided permits and inspections with a fee. Cara Chriswald came forward to speak in favor of the applicant expressing the need for this type of business. Cara also described a septic that could be put in for pets. Chairman Bergsten asked if there were any other comments or questions. Commissioner Kienzle made a motion to approve, seconded by Vice-Chairman Cowen.
AGENDA ITEM NO. 7: Case #S07-15 – Consideration of approval of a Final Plat for North Harrison Industrial Park located on Harrison Street and Wolverine Road, Shawnee, OK
Applicant: The Landrun Group LLC
Chairman Bergsten asked for the staff report. Justin Erickson presented the staff report. Mr. Erickson informed the Commissioners that the preliminary plat and rezone were approved by the City Commission and stated that staff recommends approval of the final plat with the six conditions. Justin Erickson informed the Commissioners that the applicant was paying the fee in lieu of the sidewalk due to the proposed area. Justin Erickson asked if there were any questions and Chairman Bergsten asked if the chemical process involved would be an issue since he was unable to attend the last meeting. Justin Erickson explained the process is a closed system and less hazardous with the servicing of the chemicals by truck and not discharged into the sanitary systems and is also regulated by the EPA & DEQ. Vice-Chairman Cowen mentioned that Tim Burg
came forward at previous meeting and described the processes involved. Commissioner Affentranger asked if the sidewalk fee in lieu of was abnormal. Mr. Erickson stated it has been done once or twice before and explained ordinance procedures and amendments that were made. Chairman Bergsten asked if there were any more questions for staff, there were none and Chairman Bergsten opened public portion of meeting. Chairman Bergsten asked if anyone against the proposal would like to come forward, no one did and Chairman Bergsten asked if anyone in favor of proposal would like to come forward. Julie Landes came forward on behalf of the applicant and stated they were aware of the conditions and would attempt to answer any questions. There were none and Chairman Bergsten asked for any comments or a motion. Vice-Chairman Cowen made a motion to approve with conditions listed, seconded by Commissioner Kerbs.
AGENDA ITEM NO. 8: Case #S08-15 – Consideration of approval of a Final Plat for Kickapoo Plaza located on Kickapoo Street, North of MacArthur, Shawnee, OK
Applicant: The Landrun Group LLC
Chairman Bergsten asked for the staff report. Justin Erickson presented the staff report. Mr. Erickson informed the Commissioners that the preliminary plat was approved by the City Commission and explained the proposal would create three lots to facilitate a variety of uses and staff does recommend approval subject to seven conditions. Mr. Erickson informed the Commissioners he would be happy to answer any questions. There were none and Chairman Bergsten opened public portion of meeting and asked if anyone against the proposal would like to come forward. No one came forward and Chairman Bergsten asked if anyone in favor of the proposal would like to come forward. Julie Landes came forward and stated the conditions were not an issue and stated applicant planned to construct a Pizza Hut. Julie Landes said there were some deed restrictions but did not know of anything coming in those lots yet. Commissioner Kerbs asked about the detention pond and if it would drain off behind. Julie landes informed him it would not and stated that naturally it drained to the west. Julie also mentioned that Lot 1 would stay that way and other two lots would have a storm sewer attached later on. Chairman Bergsten asked if there were any other questions, there were none and Chairman Bergsten entertained a motion. Commissioner Kerbs made a motion to approve with staff conditions, seconded by Commissioner Kienzle.
Justin Erickson presented report and informed the Commission that the Shawnee Marketplace was near
build out with the Aldi scheduled to open late in the month. Mr. Erickson mentioned that Phase 2 would
hopefully start in the next year or two and the Shawnee pool would open late next week or week after with
delays due to weather. Justin Erickson also discussed Planning Director position is open due to his departure.
Commissioner Kerbs asked if there was a time line on the position and Mr. Erickson informed him it was thirty
to sixty days.
AGENDA ITEM NO. 10: Commissioners Comments and/or New Business
Chairman Bergsten asked if there were any other comments. There were none.
AGENDA ITEM NO. 11: Adjournment
Meeting was adjourned.
Chairman/Vice-Chairman Cheyenne Lincoln Planning Commission Secretary
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