The Agenda was posted, April 9, 2008 at 2:00 PM
1. Call Meeting to Order:
This regular meeting of the Catoosa Planning Commission was called to order by Chairman Mike Appel on Monday, April 14, 2008, at 6:03 PM at the CatoosaCity Hall, 214 South Cherokee, Catoosa, Oklahoma.
2. Roll Call:
The following members were present: Al Proo, Bill Scullawl, and Mike Appel. The following members was absent: Dennis Huntley and Terry O’Donnell.The following staff was present: Jim Hodges, City Planner, Mayor Lamkin and Judy Scullawl, City Clerk.
3. Approval of Minutes: Regular Meeting of March 10, 2008.
Motion was made by Scullawl and seconded by Proo to approve the minutes, subject to correction of clerical errors on pages 2 and 3. The motion passed 3:0:0 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – None.
4. PUBLIC HEARINGS
A.CPA-2008-01-The applicant has requested an amendment of the 2025 Comprehensive Plan Land Use Designation of the subject site from Residential/Low Intensity to Industrial/Low Intensity.
Chairman Appel opened the Public Hearing and called upon Staff for the Report and Recommendations and Hodges presented the following information:
APPLICANT: Roy and Aleisa Fidler, Applicant/Owner.
GENERAL LOCATION: The subject property (1.16-acres) is located along the west side of Shawnee Street approximately 150 feet south of Denbow Street.
LEGAL DESCRIPTION:Lot 7, 8, 9, and 10 of Block 18, Catoosa, OT.
REQUESTS:
1. CPA-2008-01-The applicant has requested an amendment of the 2025 Comprehensive Plan Land Use Designation of the subject site from Residential/Low Intensity to Industrial/Low Intensity.
2. CZ-197-The applicant has requested rezoning of the subject site from RS-6 Residential Single-Family High Intensity District to IM Medium Intensity Industrial District.
PROPOSED USE: Light industrial.
AREA DESCRIPTION, ZONING AND LAND USE: The subject property is undeveloped and contains approximately 1.6 acres. The area adjacent to the subject site to the north and south is zoned RS-6 Residential Single-Family High Intensity District (5.8 du/ac). The area adjacent to the west is zoned AG Agricultural and is undeveloped. The area to the east across Shawnee Street is zoned IM Medium Intensity Industrial District.
The subject property is adjacent to one single-family residence to the south (across unopened Ford Street), and four single-family residences (including one new construction) to the north, and undeveloped property (across unopened Harris Street) to the west. The area to the east across Shawnee Street contains BLM Industries.
2025 COMPREHENSIVE PLAN: The subject property is designated Residential/Low Intensity on the Comprehensive Plan. The requested IM zoning is not consistent with the Residential Designation of the subject site and a Comprehensive Plan Amendment to Industrial/Medium Intensity is required prior to consideration of the rezoning request. As discussed below, staff has some major concerns regarding the request’s consistency with the Comprehensive Plan.
STAFF ANALYSIS:
Hodges distributed copies of a letter from BLM dated April, 11, 2008 and explained that the owners of BLM Industries have indicated that in order to expand their operation (and remain at their current location) they plan to purchase the subject site and utilize the site for parking and other activities related to BLM. This request, if approved, could be viewed as promoting economic development and constitute a marked improvement over the current parking area used by BLM.
However, this request if approved would establish an encroachment of industrial land use into an established residential area and be viewed as not in keeping with the Goals and Policies established by, nor the spirit of, the Comprehensive Plan. The following are selected examples of General Goals, established by the Comprehensive Plan, which are not served by the requested Comprehensive Plan Amendment and rezoning:
· It is the overall goal of the Plan that the City of Catoosa’s physical development occur only in accordance with the Plan…; and
· The highest possible quality of life should be attained for Catoosa residents; and
· A coordinated and compatible arrangement of living, working and recreation areas should be developed in Catoosa; and
· The nature and character of existing developed areas should be stable, protected and enhanced, and any development or redevelopment should proceed only in an orderly manner; and
· The transition in land use types should be done only in an orderly manner that assures compatibility of more intense uses with existing or planned less intense uses.
The preceding list is not intended to be all-inclusive.
The requested IM classification (under the Industrial Comprehensive Plan Designation) could be consistent with Catoosa Comprehensive Plan 2025 provided that the Plan Guidelines will be fully addressed during the building permit process to ensure consistency with the Comprehensive Plan, such as by submission of a PUD application with limited uses, buffering, and screening. Staff distributed a letter of opposition from Tom and Earlene Lightfoot.
The applicant is advised that if this request is approved design requirements of the Catoosa Comprehensive Plan, Subdivision Regulations and Catoosa Zoning Code, for platting, paved parking, landscaping and screening in particular, will need to be addressed in conjunction with the building permit process and included in the PUD application.
It should also be noted that, the existing plat of Catoosa OT containing the subject lots would need to be vacated and then included in a subdivision plat or replatted in accordance with Section 2. of the Subdivision Regulations. Also, required off-street parking spaces are required to be located on the lot containing the use for which required spaces are to be provided. A Special Exception from the Board of Adjustment would be required to allow parking within 200 feet from the principal use (Section 1302. B. 2 Catoosa Zoning Code).
The applicant is advised that in an attempt to protect the neighborhood and preserve the standards established at the time the Catoosa OT subdivision was established, Covenants and Restrictions for the subdivision may have been established and, to date, could remain in effect. The City of Catoosa is not a beneficiary of, nor otherwise a party to these covenants.
STAFF RECOMMENDATION:
The requested IM Medium Intensity zoning district is not in accordance with the Residential Designation of the subject site and a Comprehensive Plan Amendment to Industrial is required prior to consideration of the rezoning request. Staff is not supportive of the requested Comprehensive Plan Amendment to Industrial or the requested rezoning to IM, based on the stated goals and policies of said plan.
Chairman Appel called uponTom Lightfoot on behalf of Earlene Lightfoot for comments. Tom Lightfoot on behalf of Earlene Light foot addressed the Commission in opposition of the request and reviewed his submitted letter of opposition. Mr. Lightfoot ask the Commission that before they make a decision on the request “please consider how you will be able to assure us that you can protect us from hardships that could occur”.
Chairman Appel called upon Darrel Mott for comments.Darrel Mott addressed the Commission and explained that he has concerns regarding traffic conditions and children’s safety. A parking area for automobiles for employees may be OK, but not for industrial uses.
Chairman Appel closed the public hearing on the request for an amendment of the 2025 Comprehensive Plan Land Use Designation of the subject site from Residential/Low Intensity to Industrial/Low Intensity.
Scullawl and various Members of the Commission indicated that the request was not consistent with the Comprehensive Plan and discussed the following examples of General Goals, established by the Comprehensive Plan, which are not served by the requested Comprehensive Plan Amendment and rezoning:
· It is the overall goal of the Plan that the City of Catoosa’s physical development occur only in accordance with the Plan…; and
· The highest possible quality of life should be attained for Catoosa residents; and
· A coordinated and compatible arrangement of living, working and recreation areas should be developed in Catoosa; and
· The nature and character of existing developed areas should be stable, protected and enhanced, and any development or redevelopment should proceed only in an orderly manner; and
· The transition in land use types should be done only in an orderly manner that assures compatibility of more intense uses with existing or planned less intense uses.
The preceding list is not intended to be all-inclusive.
At the conclusion of the discussion and review by the Commission, a MOTION was made by Scullawl and seconded by Proo to recommend DENIAL of the request for an amendment of the 2025 Comprehensive Plan Land Use Designation of the subject site from Residential/Low Intensity to Industrial/Low Intensity. The Commission viewed the request as not consistent with the stated goals of the Comprehensive Plan.
The Commission did not consider the rezoning request, because an approval of the Comprehensive Plan Amendment request is needed prior to consideration of the rezoning request. This item will be sent to the City Council along with the rezoning request.
5. Old Business: Mike Appel explained that the Design Criteria Section 1.7 states that all sidewalk layouts and designs for the Central Business District and other commercial and industrial areas shall be furnished by the City. This could be viewed as layouts and design for sidewalks in commercial area need to be provided. Scullawl and several members of the Commission discussed the need for staff to review the provision of the Subdivision Regulation regarding expanding the requirements for sidewalks.
6. New Business: None
7. Planning Directors Report: None
8. ADJOURN:
There being no further business, a MOTION was made Scullawl and seconded by Proo to adjourn the meeting. The motion passed 3:0:0 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – None.
The meeting was adjourned at 6:36 P.M.
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Mike Appel, Chairman Date
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Jim Hodges, City Planner Date
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