Planning & Zoning Commission

AGENDA SUMMARY- PLANNING COMMISSION MEETING George Fina Building 314 Edmond Rd Northwest Monday, February 1st 2021, 6:00pm MEMBERS PRESENT: Chairman Richard Felton, Commissioner Craig Edison, Commissioner Steve Bottkol, Commissioner Jeff Rycroft, and Commissioner Bryan Seale ABSENT: None STAFF PRESENT: City Manager Jason Orr, Community Development director Scott Garnand, City Secretary Arielle Garcia, and City Attorney Michael Segler. 1. CALL TO ORDER- Chairman Richard Felton called the meeting to order at 6:01pm 2. ROLL CALL- City Secretary Arielle Garcia 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 January 4th 2021. Commissioner Craig Edison made a motion to approve items of the consent agenda. Motion was seconded by Commissioner Jeff Rycroft. Vote was: Aye: Chairman Richard Felton, Commissioner Craig Edison, Commissioner Steve Bottkol, Commissioner Jeff Rycroft, and Commissioner Bryan Seale 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 e. Conduct a Public Hearing to consider a formal Rezone application from A1 to C-1 and I-1, requested by the Angela Deskin at the following described property: N/2 of the N/2 of the SW/4 of Section 36, T-14-4, R-6-W, I.M. Community Development Director Scott Garnand addressed the board  The location for rezone does not fit the comprehensive plan. Staff's recommendation is not to approve the rezone. Commissioner Craig Edison made a motion to open the public hearing. Motion was seconded by Commissioner Steve Bottkol. Vote was: Aye Chairman Richard Felton, Commissioner Craig Edison, Commissioner Steve Bottkol, Commissioner Jeff Rycroft, and Commissioner Bryan Seale Nay: None Stan Gassaway addressed the council Thank you for allowing me the time to come here and speak. I own the land next to this rezone. This land has belonged to my family for years. Currently my cousin works and operates on this land, when he retires, I plan to build a home and retire on the property. We will have a wildlife refuge here. I want the area to stay zoned as is. Erick Groves addressed the board I am the attorney for Mr. Gassaway. There is a plan for where businesses are to go, the area is not one of them. The land purchased that has been in Gassaway's family for years was purchased under the pretense that this area would not become commercial. Angela Deskin addressed the board I am wanting to turn the front 5 acres into commercial use for my greenhouse. it would not change the character of the property. the greenhouse would be fenced in and unseen. The back part of the property will be dedicated to wildlife. The front part of the property would be the greenhouse that I would use for an indoor grow. There will be no increase of traffic. I am trying and wanting to turn my property into a twenty-century farm. Commissioner Jeff Rycroft made a motion to close the public hearing. Motion was seconded by Commissioner Bryan Seale. Vote was: 2 Aye: Chairman Richard Felton, Commissioner Craig Edison, Commissioner Steve Bottkol, Commissioner Jeff Rycroft, and Commissioner Bryan Seale Nay: None f. Discussion, consideration, and possible action on a formal Rezone application from A1 to C-1, requested by Angela Deskin at the following described property: See above for full legal description. Commissioner Jeff Rycroft made a motion to deny with the staff's recommendation. Motion was seconded by Commissioner Bryan Seale. Vote was: Aye: Chairman Richard Felton, Commissioner Craig Edison, Commissioner Steve Bottkol, Commissioner Jeff Rycroft, and Commissioner Bryan Seale Nay: None a. Conduct a Public Hearing to consider a formal Final Plat application for Shenandoah 1 at Timber Creek for the following described property: A tract of land in the NE/4 of Section 35Township 14N Range 5W on the Indian Meridian, Canadian County, Oklahoma more particularly described as follows: (see page 7) A TRACT OF LAND IN THE NORTHEAST QUARTER (NE/4) OF SECTION THIRTY-FIVE (35), TOWNSHIP FOURTEEN (14) NORTH, RANGE FIVE (5) WEST OF THE INDIAN MERIDIAN, CANADIAN COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER (NE/4): THENCE S00°17'50" E ALONG THE EAST LINE OF SAID NORTHEAST QUARTER (NE/4) (BASIC OF BEARING), A DISTANCE OF 747.38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 00°17'50' E ALONG THE EAST LINE OF SAID NORTHEAST QUARTER (NE/4), A DISTANCE OF 1218.08 FEET; THENCE S 89°59'46" W A DISTANCE OF 250.67 FEET; THENCE S 62°27'31" W A DISTANCE OF 67.49 FEET: THENCE N 89°59'38" W A DISTANCE OF 130.84 FEET; THENCE N 85°57'35" W A DISTANCE OF 113.58 FEET; 3  THENCE N 82°12'29" W A DISTANCE OF 113.75 FEET; THENCE N 78°27'12" W A DISTANCE OF 113.74 FEET; THENCE N 74°41'57" W A DISTANCE OF 113.74 FEET; THENCE N 70°56'44" W A DISTANCE OF 113.69 FEET; THENCE N 67°11'34" W A DISTANCE OF 113.71 FEET; THENCE N 63°26'22" W A DISTANCE OF l 13.70 FEET; THENCE N 59°41'12" W A DISTANCE OF 113.69 FEET; THENCE N 55°56'03" W A DISTANCE OF 113.68 FEET; THENCE N 52° 10'49" W A DISTANCE OF 113.77 FEET; THENCE N 47°06'39" W A DISTANCE OF 139.89 FEET; THENCE N 43°16'36" W A DISTANCE OF 179.63 FEET; THENCE N 38°37'05" W A DISTANCE OF 84.51 FEET; THENCE N 53°02'31" E A DISTANCE OF 519.91 FEET; THENCE N 05°02'28" W A DISTANCE OF 230.92 FEET; THENCE N 89°20'39" E A DISTANCE OF 235.13 FEET; THENCE N 00°01'40" W A DISTANCE OF 337.57.38 FEET; THENCE ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF 62.89’, A RADIUS OF 104.96’ A CHORD BEARING OF N 17°09'36" W, AND A CHORD LENGTH OF 61.95’,; THENCE ON A REVERSE CURVE TO THE RIGHT WITH AN ARC LENGTH OF 93.30’, A RADIUS OF 195.00’, A CHORD BEARING OF N 13°47'42" W, AND A CHORD LENGTH OF 93.00’.; THENCE N 00°00'16" E A DISTANCE OF 184.86 FEET; THENCE N 45°19'41" W A DISTANCE OF 35.15 FEET; THENCE S 89°20'39" W A DISTANCE OF 320.32 FEET; THENCE N 00°17'50" W A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER (NE/4); THENCE N 89°20'39" E ALONG THE NORTH LINE OF SAID NORTHEAST QUARER (NE/4), A DISTANCE OF 475.00 FEET; THENCE S 00°17'50" E A DISTANCE OF 747.38 FEET; THENCE S 89°20'39" W A DISTANCE OF 1033.82 FEET TO THE POINT OF BEGINNING; SAID TRACT HAVING AN AREA OF 1,825,180.31 SQUARE FEET OF 41.900 ACRES, MORE OR LESS. Community Development Director Scott Garnand addressed the board Plat was approved by the City Council. The final plat has a few changes, it is rezoned to RE. There were a few drainage problems that have been addressed. Staff’s recommendation is to approve. Commissioner Craig Edison made a motion to open public hearing. Motion was seconded by Commissioner Bryan Seale. Vote was: Aye: Chairman Richard Felton, Commissioner Craig Edison, Commissioner Steve Bottkol, Commissioner Jeff Rycroft, and Commissioner Bryan Seale 4 Nay: None Ron Cardwell addressed the board Were paper copies provided 14 days prior to this meeting? Has the City Engineer approved the as built plans for Shenandoah 1 as to date? This final plat acceptance does require the as built to date. Contrary to what was said the preliminary plat showed an 80 foot long reinforce concert vault. This will be a difficult road to maintain. I am concerned about the as built. Have any board members seen them? Has the letter of credit been reviewed by the City Attorney Michael Seagler? The zoning has not been changed. There should be a separate plat for the entrances. Everywhere there is a drainage flume going across property lines, it is very difficult to see on this image all the drainage and access for oil lease road. They need to have drainage easements Commissioner Jeff Rycroft made a motion to close the public hearing. Motion was seconded by Commissioner Craig Edison. Vote was: Aye: Chairman Richard Felton, Commissioner Craig Edison, Commissioner Steve Bottkol, Commissioner Jeff Rycroft, and Commissioner Bryan Seale Nay: None b. Discussion, consideration, and possible action on a formal Final Plat application for Shenandoah 1 at Timber Creek for the following described property: See above for full legal description. Community Development Director Scott Garnand addressed the board I assume we received everything; I have all the paper work here. We have not officially approved the buildings although I have been out and seen all the work. we have not received as built. Chairman Richard Felton addressed the board Has the city been out and approved the buildings? I assume that there will be a guardrail put in, that they have just not gotten to that part yet. Commissioner Steve Bottkol addressed the board. 5  Based on the letter of credit from F&M Bank, it is for Shenadoh not Shenandoah. Will the letter of credit be valid? We have not been provided as built. As I have read, as built is for improvements of land. From what I have seen, there is nothing built yet. without as built, there was concern about the fire lane and guardrail for the pound area. Fire Chief Andy Logan addressed the board Any development with 30 houses must have a fire road, this development has that. City attorney Michael Seagler addressed the board I would like to see the letter of credit, if you have it on hand Community Development director Scott Garnand. This letter is a proposal of credit, not an actual letter of credit. you will in fact need to get a letter of credit from the bank. A motion was not made for business item j. c. Conduct a Public Hearing to consider a formal Preliminary Plat application for Chaparral Acres for the following described property: (see page 16) A TRACT OF LAND IN THE SOUTH HALF (S/2) OF THE NORTHWEST QUARTER (NW/4) OF SECTION TWENTY-EIGHT (28), TOWNSHIP FOURTEEN (14) NORTH, RANGE FIVE (5) WEST FO THE INDIAN MERIDIAN, CANADIAN COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORHTWEST QUARTER (NW/4); THNCE N 00°00'14" E ALONG THE WEST LINE OF SAID NORTHWEST QUARTER (NW/4) (BASIS OF BEARING), A DISTANCE OF 474.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 00°00'14" E ALONG THE WEST LINE OF THE SAID NORTHWEST QUARTER (NW/4), A DISTANCE OF 851.42 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF (S/2) OF SAID NORTHWEST QUARTER (NW/4); THENCE N 89°35'37" E ALONG THE NORTH LINE OF SAID SOUTH HALF (S/2), A DISTANCE OF 2,640.15 FEET; THENCE S 00°00'19" W ALONG THE EAST LINE OF SAID NORTHWEST QUARTER (NW/4), A DISTANCE OF 1,333.86 FEET TO TH SOUTHEAST CORNER OF SAID NORTHWEST QUARTER (NW/4); THENCE S 89°37'20" W ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER (NW/4), A DISTANCE OF 1,877.40 FEET; THENCE N 00°00'38" W A DISTANCE OF 468.49 FEET; THENCE N 89°57'47" W A DISTANCE OF 763.65 FEET TO THE POINT OF BEGINNING. 6 Commissioner Craig Edison made a motion to open the public hearing. Motion was seconded by Chairman Richard Felton. Vote was: Aye: Chairman Richard Felton, Commissioner Craig Edison, Commissioner Steve Bottkol, Commissioner Jeff Rycroft, and Commissioner Bryan Seale Nay: None Ron Cardwell addressed the board Is there a connection to Piedmont Road from Chaparral Acres? Is there more than one way in and out? Commissioner Craig Edison made a motion to close the public hearing. Motion was seconded by Commissioner Jeff Rycroft. Vote was: Aye: Chairman Richard Felton, Commissioner Craig Edison, Commissioner Steve Bottkol, Commissioner Jeff Rycroft, and Commissioner Bryan Seale Nay: None d. Discussion, consideration, and possible action on a formal Preliminary Plat application for Chaparral Acres for the following described property: See above for full legal description. Community Development Director Scott Garnand addressed the board There is an access point to Piedmont Road Fire Chief Andy Logan addressed the board Piedmont is notorious for one way in and out of neighborhoods. we are trying to stray away from that. We are not worried about not being able to access a home in this plat. Steve Bottkol addressed the board Is there any concern for the fire trucks getting in and out of this division? 7  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 None 9. COMMISSIONER’S COMMENTS None 10. ADJOURN- Chairman Richard Felton adjourned the meeting at 7:04pm _________________________________ ________________________________ Chairman, Richard Felton City Secretary, Arielle Garcia 8