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| Date: 3/5/2008 | Board: Planning Commission | DocumentType: Minutes | Web Posted: 11/4/2008 2:28:18 PM |
PLANNING COMMISSION MINUTES
DATE: March 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, March 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 Rusty Jones
Pat London Louis Maltos
Absent: Robert Slavens and Jimmy Nickles
A quorum was declared present and the meeting was called to order.
Nancy McNayr, Planning Consultant was present to give the staff reports.
AGENDA ITEM NO. 2: Approval of the minutes from the February 20, 2008 Planning Commission Meeting.
Chairman Holt asked for a motion, Commissioner London made a motion, seconded by Commissioner Maltos to approve the February 20, 2008 Planning Commission Meeting minutes.
Motion carried:
AYE: London, Maltos, Jones, and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 3: Case #P32-07 - A public hearing for consideration of approval to rezone property from A-1; Agricultural to C-1P; Neighborhood Commercial with a Conditional Use Permit to allow for a mini-storage at 2025 E. MacArthur. (Applicant: Robert & Alethia Woodmore)
Mr. Woodmore was in the audience. Steve Landes was also present.
There were also several citizens in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr stated this item has been on the docket for several months and was continued to give the applicant time to make changes. The original request was for C-3 zoning which would allow for a mini storage by right. The applicant re-applied with a request to rezone to C-1 with a Conditional Use Permit to allow for a mini storage.
Staff recommended approval of the C-1 zoning and recommended that the Planning Commission consider the proposed development standards submitted for the mini-storage land use and whether the standards provide the appropriate buffer and step-down in land use to protect the residential area to the east. If approved the standards should be required as a condition to the development.
There was lengthy discussion between the Commission and Mrs. McNayr. Steve Landes answered questions concerning drainage on the property. Mr. Robert Woodmore also answered questions and spoke of his reasons for wanting the proposal. Mr. Woodmore explained the reason he applied for the Conditional Use Permit was to attempt to meet protestor’s concerns.
John Holt opened the public hearing asking if anyone wanted to speak for or against this proposal.
Several citizens came forward to protest the proposal. A few of their concerns were property value going down, drainage issues, increased traffic, lighting from the facility and esthetics.
Mr. Woodmore came forward to answer questions from the Commission.
After careful consideration, Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner London to deny the request to rezone 2025 E. MacArthur to C-1P with a Conditional Use Permit.
Motion carried:
AYE: Maltos, London, Holt and Jones
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 4: Case #S10-08 – Consideration of approval of the preliminary plat for Woodmore Addition located at 2025 E. MacArthur. (Applicant: Robert Woodmore) .
Chairman Holt asked for the Staff Report. Nancy McNayr requested to defer this item to the April 2, 2008 meeting after the City Commission has the hearing for the rezoning.
Chairman Holt asked for a motion, Commissioner London made a motion, seconded by Commissioner Jones to defer this item to the April 2, 2008 meeting.
Motion carried:
AYE: London, Jones, Holt and Maltos
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 5: Case #S11-08 – Consideration of approval of the final for Woodmore Addition located at 2025 E. MacArthur. (Applicant: Robert Woodmore) .
Chairman Holt asked for the Staff Report. Nancy McNayr requested to defer this item to the April 2, 2008 meeting after the City Commission has the hearing for the rezoning.
Chairman Holt asked for a motion, Commissioner London made a motion, seconded by Commissioner Jones to defer this item to the April 2, 2008 meeting.
Motion carried:
AYE: London, Jones, Holt and Maltos
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 6: Case #P04-08 - A public hearing for consideration of approval to rezone property from R-1; Residential to C-3; Automotive, Commercial and Recreation for property located at 2555 N. Harrison. (Applicant: Mark & Catherine Sehorn).
Mark Sehorn was in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Staff recommended approval of the rezoning.
John Holt asked if there were any questions. There were none.
John Holt opened the public hearing asking if anyone was for or against this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to approve the request to rezone 2555 N. Harrison to C-3.
Motion carried:
AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 7: Case #P05-08 - A public hearing for consideration of approval of a Conditional Use Permit to allow for a tattoo parlor C-3 zoning district for property located at 1506 N. Harrison. (Applicant: Kelly & Stephanie Stafford).
Kelly Stafford was in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Staff recommended approval of the Conditional Use Permit to allow for a tattoo parlor in C-3 zoning.
Mr. Kelly Stafford answered questions from the Board.
John Holt opened the public hearing asking if anyone was for or against this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner London to approve the Conditional Use Permit to allow for a tattoo parlor in C-3 zoning for property located at 1506 N. Harrison.
Motion carried:
AYE: Jones, London, Holt and Maltos
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 8 Case #P06-08 - A public hearing for consideration of approval of Conditional Use Permit to allow for the sale of beer for off premise consumption for property located at 5105 N. Harrison. (Applicant: Mirza Beg obo Metro Mart Inc).
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr stated the use will stay the same, just the ownership has changed. Staff recommended approval of the Conditional Use Permit to allow for the sale of beer for off premise consumption.
John Holt opened the public hearing asking if anyone was for this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to approve the Conditional Use Permit to allow for the sale of beer only for off premise consumption for property located at 5105 N. Harrison,
Motion carried:
AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 9 Case #P07-08 - A public hearing for consideration of approval of Conditional Use Permit to allow for the sale of beer for off premise consumption for property located at 39609 Independence. (Applicant: Mirza Beg obo Metro Mart Inc).
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Mrs. McNayr stated this is the same situation as the previous case. Staff recommended approval of the Conditional Use Permit to allow for the sale of beer for off premise consumption.
John Holt opened the public hearing asking if anyone was for this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to approve the Conditional Use Permit to allow for the sale of beer only for off premise consumption for property located at 39609 Independence.
Motion carried:
AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 10 Case #P08-08 - A public hearing for consideration of approval of a one operator beauty parlor for property located at 535 N. Patchin (Applicant: Rita Monoessy).
Rita Monoessy was in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation. Nancy explained the applicant would have to provide 2 parking places. The requirements would be met when applying for Occupancy Permit. Staff recommended approval of the one operator beauty parlor.
Mrs. Rita Monoessy came forward and answered questions from the board.
John Holt opened the public hearing asking if anyone was for or against this proposal. No one came forward.
Chairman Holt asked for a motion, Commissioner London made a motion, seconded by Commissioner Jones to approve the request to operate a one operator beauty parlor for property located at 535 N. Patchin.
Motion carried:
AYE: London, Jones, Holt and Maltos
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 11: Case #S08-08 – Consideration of approval of the preliminary re-plat for Williams Addition located at 45th & Harrison. (Applicant: Del Kinslow).
Keith Welch, project manager, and Del Kinslow were in the audience.
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation.
Variances requested:
1. Rear yard utility easement requirements. The rear utility easement is not needed because there is a 20 foot sewer easement in the middle of the property and the railroad abuts the west property line
2. Right-of-way dedication along SH-18. The subdivision ordinance requires that 120 feet of right-of-way for Harrison is 170 feet wide with the centerline being over 90 feet from the statutory right-of-way.
Technical Notes;
1. The name of the plat should be changed to “Kinslow Addition, A re-plat of the South 5 acres of lot 1 Williams Addition” (or other suitable name).
2. The note “20’ right of way” should be 20’ utility easement. This 20’ utility easement should extend east to the right-of-way of Harrison. A 20’ utility easement must be provided along the north perimeter of this plat unless a 10 foot utility easement is provided on property abutting to the north.
3. The note “10’right-of-way” on the north side of the plat should be removed.
4. Proper dimensions tying to the utility easement in the center of the plat should be noted on the plat. Remove the word “Preliminary” from all utility easement notes.
5. Sidewalks -6’ on Harrison. Required sidewalks must be constructed as part of the public improvements.
6. An ODOT permit is required for the driveway onto SH-18 (Harrison)
7. A revised Preliminary Plat must be submitted for City files.
Keith Welch answered questions from the Commission.
Staff recommended approval of the preliminary re-plat of the south 5 acres of Lot 1, Williams Addition located at 45th & Harrison subject to technical issues 1-7 being met. The Planning Commission must approve any variance request by a vote of ¾ of the full membership and reaffirmed by the Planning Commission at the time of final plat approval.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to approve the preliminary re-plat of the south 5 acres of Lot 1, Williams Addition located at 45th & Harrison subject to technical issues 1-7 being met.
Motion carried:
AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None
Chairman Holt then asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner Jones to approve the variances to the rear yard utility easement and right-of-way dedication along SH-18.
Motion carried:
AYE: Maltos, Jones, London and Holt
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 12: Case #S09-08 – Consideration of approval of the final re-plat for Williams Addition located at 45th & Harrison. (Applicant: Del Kinslow).
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation.
Technical Notes:
1. The name of the plat should be changed to “Kinslow Addition, A re-plat of the South 5 acres of lot 1 Williams Addition” (or other suitable name).
2. The note “20’ right of way” should be 20’ utility easement. This 20’ utility easement should extend east to the right-of-way of Harrison. A 20’ utility easement must be provided along the north perimeter of this plat unless a 10 foot utility easement is provided on property abutting to the north.
3. The note “10’right-of-way” on the north side of the plat should be removed
4. Specific dimensions of the Utility Easement in the center of the plat should tie the easement to the lot. Remove the work “Preliminary” from all utility easement notes.
5. The front building line of 25 feet should be noted on the final plat.
6. A note must be placed on the face of the final plat stating that the area identified as “Flood Zone” cannot be developed..
7. The note on the face of the final plat noting public dedications should be changed to “City Commission”.
8. Designation on the lot should be: Lot 1, Block.
9. Sidewalks-6’ on Harrison. Required sidewalks must be constructed as part of the public improvements.
10. An ODOT permit is required for the driveway onto SH-18 (Harrison)
11. A revised Final Plat must be submitted for City files. The plat should provide space at the bottom of the document for the ‘seal’ to placed for each certificate noted.
Staff recommended approval of the final plat with technical notes 1-11 being met and affirmation of the variances
There was a brief question and answer session between Keith Welch, the Commission and Nancy McNayr.
Chairman Holt asked for a motion, Commissioner Jones made a motion, seconded by Commissioner London to approve the final re-plat of the south 5 acres of Lot 1, Williams Addition located at 45th & Harrison subject to technical issues 1-11 being met and approval of the variances to the rear yard utility easement and right-of-way dedication along SH-18.
Motion carried:
AYE: London, Jones, Holt and Maltos
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 13: Case #S12-08 – Consideration of approval of the final plat for Shawnee Mission Plaza Section 8 located south of I-40 near Kickapoo & 45th (Applicant: John Baxter obo Design Engineers Inc.).
Chairman Holt asked for the Staff Report. Nancy McNayr presented the staff report with a power point presentation.
Technical Issues:
1. A 20’ utility easement must be provided along the perimeter of all subdivisions when abutting unplatted property or a 10’ utility easement is required if accompanied by a 10’ utility easement is required if accompanied by a 10’ off-site easement. A 20’ easement must be provided along the north perimeter of this plat unless a 10 foot utility easement is provided on property abutting to the north.
2. “Limits-of-no-Access” is required on the lot frontages of Lot 1 on Kickapoo Street.
3. The common drive easement must be filed and the book & page number noted on the final plat prior to filing the final plat.
4. The utility easement shown to the south of Lot 1 must be filed and the book & page number noted on the final plat prior to filing the final plat.
5. Sidewalks-6’ on Kickapoo. Required sidewalks must be constructed as part of the public improvements.
6. The notation of 60’ should be clearly noted as “Right-of-Way” on Kickapoo.
7. The note on the final plat noting public dedications should be changed to “City Commission.”
8. An ODOT permit is required for the driveway onto SH-3E (Kickapoo)
Staff recommended approval of the final plat with technical notes 1-8 being met.
Chairman Holt asked for a motion, Commissioner Maltos made a motion, seconded by Commissioner London to approve the final plat for Shawnee Mission Plaza Section 8 with technical issues 1-8 being met.
Motion carried:
AYE: Maltos, London, Holt and Jones
NAY: None
ABSTAIN: None
AGENDA ITEM NO. 14: Commissioner’s Comments
AGENDA ITEM NO. 15: New Business
AGENDA ITEM NO. 16: Adjournment
Meeting was adjourned.
Chairman/Vice-Chairman
Karen Drain
Karen Drain, Planning Commission Secretary
NOTICE: This is NOT an official document. All official documents are maintained by the Shawnee City Clerk at Shawnee City Hall.
This document is provided as a public information device. Please contact City Hall at 405-878-1604 for official documents.