Planning & Zoning Commission

PLANNING COMMISSION MEETING Piedmont Civic Center 314 Edmond Road Northwest Monday, August 5, 2019 at 6:30 PM MEMBERS PRESENT: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. ABSENT: Commissioner Craig Eidson and Commissioner Jeff Rycroft STAFF PRESENT: Community Development Supervisor Kayla Cornett, City Secretary Valorie Cumming, City Manager Jason Orr, Fire Chief Andy Logan, and City Attorney Mike Segler. 1. CALL TO ORDER- Chairman Richard Felton called the meeting to order at 6:30pm. 2. ROLL CALL- City Secretary Valorie Cumming called roll and a quorum was present. 3. CONSENT AGENDA- All items on the consent agenda are non-controversial and may be approved by one motion for items. a. Approval of Minutes for the Planning Commission meeting held April 8, 2019. b. Approval of Minutes for the Planning Commission meeting held May 6, 2019. Commissioner Bryan Seale made a motion to approve the consent agenda. Motion was seconded by Commissioner Robin Hopkins. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None 4. CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA None 5. HEARING OF CITIZENS- Topics to include those items not listed in the agenda. None  6. BUSINESS ITEMS g. Discussion and consideration for zoning discrepancies on properties. Chairman Richard Felton addressed the board -how can we validate what the staff is actually saying is a discrepancy -overview we are working on rezoning with an ordinance and then creating an electronic map -handle any discrepancies with a formal rezoning -1987 required zoning to be formally recognized by an ordinance -won’t have an ordinance before that -zoning ordinance talks about acceptance of Smith Plan maps -adopted and made part of the regulations -whatever was recognized by City at that time was indicated on Smith Plan -can we look at waiving rezoning fees -can we look further at the item and continue to next month for input from commissioners who are gone this evening -if there was a map accepted at time of zoning ordinance how do we find it -could we come up with a list of properties we think were rezoned based off 2011 map and if you don’t have a rezoning ordinance but identify it was developed prior to 87 can we accept it off that last known map -maybe only have someone check county records when a zoning discrepancy arises -if we do have a discrepancy can we send to board of adjustment instead -worried we might not be recognizing zoning prior to 87 -do we have an issue with having people pay to rezone when they feel it was zoned properly already City Manager Jason Orr addressed the board -we have Smith Plan Map -we are trying to honor uses -we are charging fees to rezone -most people want to get the legalities of their land accurately figured out -not playing favorites -these properties are coming up we are issuing the building permit and then following up with the rezoning based on conversation with City Council City Attorney Mike Segler addressed the board -I have not reviewed the ordinance and maps that you are talking about currently -wouldn’t be unusual for a map to be adopted that lists blocks/streets for zoning -moving forward it sounds like they are codifying a zoning ordinance so it will be in code book -don’t have to worry about misplaced maps, fires, water etc. -County clerks should have plats -costs $450 a day to have a researcher look at records prior to 87 -you have to start somewhere and that is a practical way of doing it -board of adjustments does not do zoning  -prior to 87 they might not have zoning just uses Commissioner Robin Hopkins addressed the board -my understanding is that map was changed frequently with change over -moving forward we will have zoning properly updated on GIS -having someone research sounds costly and time consuming -what if land wasn’t platted what would we do a. CONDUCT A PUBLIC HEARING TO CONSIDER A FORMAL REZONING APPLICATION, REQUESTED BY LEON MEYER, BY REQUESTING A REZONING FROM THE ESTABLISHED AGRICULTURAL (A-1) ZONING DISTRICT TO COMMERCIAL ZONING DISTRICT C-2 (COMMERCIAL, GENERAL SHOPPING DISTRICT) AT THE FOLLOWING DESCRIBED PROPERTY (Also known as the NW corner of Washington and Piedmont Rd):A TRACT OF LAND LYING lN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 32, TOWNSHIP 14 NORTH, RANGE 5 WEST OF THE INDIAN MERIDIAN, CANADIAN COUNTY, OKLAHOMA AND FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 74, ORIGINAL TOWNSITE OF PIEDMONT TO THE CITY OF PIEDMONT, CANADIAN COUNTY, OKLAHOMA, SAID POINT BEING 40 FEET WEST AND 33 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SE1/4; THENCE S89°41'37"W ALONG THE SOUTH LINE OF SAID BLOCK 74 AND THE SOUTH LINE OF THE STATUTORY RIGHT-OF-WAY LINE OF SAID SE1/4 FOR A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE PRESENT WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 4; THENCE CONTINUING S89°41'37"WALONG SAID SOUTH STATUTORY RIGHT-OF-WAY LINE FOR A DISTANCE OF 929.89 FEET TO THE WESTERLY LINE OF A JOURNAL ENTRY OF JUDGMENT DOCUMENTED AS CASE NO. C-83-142 IN BOOK 1072, PAGE 233 WITH THE CANADIAN COUNTY CLERK'S OFFICE ON NOVEMBER 8, 1983; THENCE N36°36'04"E ALONG SAID WESTERLY LINE FOR A DISTANCE OF 393.26 FEET TO A POINT ON THE NORTH LINE OF SAID BOOK 1072, PAGE 233 AND THE PROJECTED CENTERLINE OF ADAMS AVENUE NORTHWEST; THENCE S89°58'42"E ALONG SAID PROJECTED CENTERLINE FOR A DISTANCE OF 694.63 FEET TO THE PRESENT WEST RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO. 4; THENCE S00°08'29"E ALONG SAID PRESENT WEST RIGHT-OF-WAY LINE FOR A DISTANCE OF 310.38 TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINING 5.83 ACRES MORE OR LESS. BEARINGS ARE BASED ON GRID NORTH (N00°00'00"E) OKLAHOMA STATE PLANE COORDINATE SYSTEM, NORTH ZONE. Commissioner Bryan Seale made a motion to open the public hearing at 6:48pm. Motion was seconded by Commissioner Robin Hopkins. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None Leon Meyer addressed the board -represent the owners -have document dated December 2017 that says it was zoned C2 -influenced decision to buy property -how was it C2 and now it is AG -have to pay $1,050 to get rezoned Commissioner Bryan Seale made a motion to close the public hearing at 6:49pm. Motion was seconded by Commissioner Robin Hopkins. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None b. DISCUSSION, CONSIDERATION, AND POSSIBLE ACTION ON A FORMAL REZONING APPLICATION, REQUESTED BY LEON MEYER, BY REQUESTING A REZONING FROM THE ESTABLISHED AGRICULTURAL (A-1) ZONING DISTRICT TO COMMERCIAL ZONING DISTRICT C-2 (COMMERCIAL, GENERAL SHOPPING DISTRICT) AT THE FOLLOWING DESCRIBED PROPERTY (Also known as the NW corner of Washington and Piedmont Rd): See above for full legal description. Community Development Supervisor Kayla Cornett addressed the board -fits into 2030 comp plan and staff recommends approval -December 2017 I thought I was correct in saying C2 -now we know that legally the properties were not zoned correctly -Zach Weldon came in and asked a question about developing land -that is when I found out the ordinances and maps don’t match up -working diligently to make right and fix legally so it doesn’t happen again -GIS information at that time was based off a map that was incorrect -should only be used as a visual reference Chairman Richard Felton addressed the board -does City not have original map referenced in zoning ordinance -if not should we rewrite ordinance -it falls in line with the 2030 plan City Manager Jason Orr addressed the board -it rests with the resident to provide the documentation showing it was rezoned C2 -maps are not an official document but a visual reference -doesn’t have properties drawn out -that’s why rezoning documents are so important and we are doing ordinances so lots aren’t implied but listing specifics City Attorney Mike Segler addressed the board -cleaning up zoning ordinance map issue would be a monumental undertaking -technology advances and makes it easier to identify properties from maps -need to describe boundaries -have done it before but not for an entire city Commissioner Robin Hopkins addressed the board -maps should only be used as a reference -we should be using a means and bounds method Commissioner Bryan Seale made a motion to approve item b. Motion was seconded by Commissioner Robin Hopkins. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None c. CONDUCT A PUBLIC HEARING TO CONSIDER A FORMAL REZONING APPLICATION, REQUESTED BY WILLIAM MEANS, BY REQUESTING A REZONING FROM THE ESTABLISHED AGRICULTURAL (A-1) ZONING DISTRICT TO COMMERCIAL ZONING DISTRICT C-2 (COMMERCIAL, GENERAL SHOPPING DISTRICT) AT THE FOLLOWING DESCRIBED PROPERTY (Also known as 320 Piedmont Rd N): ALL OF LOTS TWELVE (12) THROUGH SIXTEEN (16) INCLUSIVE OF BLOCK THIRTY-EIGHT (38) TO THE TOWNSITE OF PIEDMONT, CANADIAN COUNTY, OKLAHOMA, AS SHOWN BY THE RECORDED PLAT THEREOF, SAID TRACT CONTAINING 0.38 ACRES. Commissioner Bryan Seale made a motion to open the public hearing at 7:00pm. Motion was seconded by Commissioner Robin Hopkins. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None Community Development Supervisor Kayla Cornett addressed the board -wants to add on to business zoned commercial -has a house on land and you can’t live on commercial land -lot split to commercial and residential William Means addressed the board -this property was AG for years and don’t understand why I need a lot split -should have been grandfathered in -take zoning to County and get a senior citizens tax break -lived here 45 years, volunteer fire fighter, served on board -Community Development Supervisor Kayla Cornett has been great Commissioner Bryan Seale made a motion to close the public hearing at 7:04pm. Motion was seconded by Commissioner Robin Hopkins. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None d. DISCUSSION, CONSIDERATION, AND POSSIBLE ACTION ON A FORMAL REZONING APPLICATION, REQUESTED BY WILLIAM MEANS, BY REQUESTING A REZONING FROM THE ESTABLISHED AGRICULTURAL (A-1) ZONING DISTRICT TO COMMERCIAL ZONING DISTRICT C-2 (COMMERCIAL, GENERAL SHOPPING DISTRICT) AT THE FOLLOWING DESCRIBED PROPERTY (Also known as 320 Piedmont Rd N): See above for full legal description. Chairman Richard Felton addressed the board -this is the commercial part of the land -falls in line with 2030 plan Commissioner Bryan Seale made a motion to approve item d. Motion was seconded by Commissioner Robin Hopkins. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None e. CONDUCT A PUBLIC HEARING TO CONSIDER A FORMAL REZONING APPLICATION, REQUESTED BY WILLIAM MEANS, BY REQUESTING A REZONING FROM THE ESTABLISHED AGRICULTURAL (A-1) ZONING DISTRICT TO RESIDENTIAL ZONING DISTRICT RS-1 (URBAN RESIDENTIAL DISTRICT) AT THE FOLLOWING DESCRIBED PROPERTY (Also known as 320 Piedmont Rd N): A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER (SW/4) OF SECTION THIRTY-THREE (33) TOWNSHIP FOURTEEN NORTH (T14N). RANGE FIVE WEST OF THE INDIAN MERIDIAN (R5W.I.M.), CANADIAN COUNTY, OKLAHOMA. BEING A PART OF THE PROPERTY FORMERLY OWNED BY THE ST. LOUIS, EL RENO AND WESTERN RAILWAY. PART OF LOT SIX (6), AND ALL OF LOTS SEVEN (7) THROUGH ELEVEN (11) INCLUSIVE OF BLOCK THIRTY- EIGHT (38) TO THE TOWNSITE OF PIEDMONT, CANADIAN COUNTY, OKLAHOMA, AS SHOWN BY THE RECORDED PLAT THEREOF, DESCRIBED BY MEETS AND BOUNDS DESCRIPTION AS FOLLOWS: BEGINNING AT THE SOUTHWERST CORNER OF SAID LOT 11, THENCE WEST (N 89°57’26” W) ALONG THE SOUTH LINE OF SAID BLOCK 38 A DISTANCE OF 165.00 FEET TO THE EAST R/W LINE OF STATE HIGHWAY FOUR, THENCE NORTH (N 00°08’12” W) ALONG THE EAST R/W OF STATE HIGHWAY FOUR A DISTANCE OF 132.00 FEET; THENCE EAST (S 89° 57’26” E) AND PARALLEL TO THE SOUTH LINE OF SAID BLOCK 38, A DISTANCE OF 165.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 11, THENCE SOUTH (S 00° 08’12” E) ALONG THE EAST LINE OF SAID BLOCK 38 A DISTANCE OF 132.00 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 0.50 ACRES Commissioner Bryan Seale made a motion to open the public hearing at 7:06pm. Motion was seconded by Commissioner Robin Hopkins. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None Commissioner Robin Hopkins made a motion to close the public hearing at 7:06pm. Motion was seconded by Commissioner Bryan Seale. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None f. DISCUSSION, CONSIDERATION, AND POSSIBLE ACTION ON A FORMAL REZONING APPLICATION, REQUESTED BY WILLIAM MEANS, BY REQUESTING A REZONING FROM THE ESTABLISHED AGRICULTURAL (A-1) ZONING DISTRICT TO RESIDENTIAL ZONING DISTRICT RS-1 (URBAN RESIDENTIAL DISTRICT) AT THE FOLLOWING DESCRIBED PROPERTY (Also known as 320 Piedmont Rd N): See above for full legal description. Chairman Richard Felton addressed the board -this is the residential part of the land -doesn’t fit with 2030 plan -but there before the plan -this will be taken to the Council with our recommendation -lot split cut it down less than 5 acres Commissioner Robin Hopkins addressed the board -if this comes up again would we be setting a precedence if we change this Community Development Supervisor Kayla Cornett addressed the board -this land has had a property on it for a long time and I would think would be different then someone wanting to build brand new -A1 is 5+ acres Commissioner Bryan Seale made a motion to approve item f. Motion was seconded by Commissioner Robin Hopkins. The Vote was: AYE: Commissioner Bryan Seale, Chairman Richard Felton, and Commissioner Robin Hopkins. NAY: None 7. NEW BUSINESS  a. “New Business,” as used herein shall mean any matter not known about or which could not have been reasonable foreseen prior to the time of posting. (25 O.S. 311 a9) None 8. ADMINISTRATION REPORT- (Oral) City Manager, Engineer, Community Development, and Attorney. None 9. COMMISSIONER’S COMMENTS- (Oral) Chairman Richard Felton addressed the board -want to be sure we are doing the right thing in regards to zoning -want board involved in the process -if we have questions then we get attorney involved -not entirely convinced we are doing it the right way and want to be careful 10. ADJOURN- Chairman Richard Felton adjourned the meeting at 7:13pm. Chairman, Richard Felton Secretary, Valorie Cumming