Nov 07, 2023 Planning Commission

[00:00:02]

UH, LADIES

[1. Call to Order.]

[2. Consideration of Approval of Meeting Minutes: 10/17/2023]

HAS EVERYONE HAD AN OPPORTUNITY TO REVIEW THOSE? I'LL MAKE A MOTION TO APPROVE.

SECOND, AND THE MINUTES ARE APPROVED BY VOTE OF FOUR TO ZERO.

THAT BRINGS US TO THE PUBLIC HEARING DISCUSSION DOCKET, UH, THE

[A. Case #SP23-00023 Public Hearing and Consideration for a Site Plan application for Hafer Park Restrooms, located on the east side of Bryant, south of 9th Street, in Hafer Park. (City of Edmond)]

PUBLIC HEARING IN CONSIDERATION FOR A SITE PLAN APPLICATION FOR ER PARK RESTROOMS LOCATED ON THE EAST SIDE OF BRYANT, SOUTH OF NINTH STREET IN ER, PARK, AND THE CITY OF EDMOND IS THE APPLICANT AND WE ARE PRESENT.

SO AS YOU SAID, THE APPLICANT IS REQUESTING APPROVAL OF A SITE PLAN FOR A 432 SQUARE FOOT RESTROOM BUILDING LOCATED IN HAYFORD PARK.

UH, THE BUILDING WILL BE STONE VENEER ALONG WITH CMU BLOCK AND A STANDING SEAM METAL ROOF.

AND THE SITE ALSO CONTAINS SIX PARKING SPACES.

SEE IF YOU SEE EXACTLY WHERE THAT IS IN THE PARK THERE.

UM, THAT'S WHAT THE BUILDING, UH, THERE IS A DRAWING OF THE BUILDING.

UH, IT IS COMPLIANT WITH ALL THE REQUIRED STANDARDS AND STAFF RECOMMENDS APPROVAL.

UH, DO ANY MEMBERS OF THE COMMISSION HAVE ANY QUESTION OF STAFF AT THIS POINT IN TIME? HEY, RANDY, DO WE KNOW IF THOSE ARE GONNA BE WINTERIZED OR NOT, OR ARE THEY GONNA BE AIR CONDITIONED? I'LL LEAVE THAT TO THE EXPERTS.

.

I'M JUST CURIOUS.

HI, RYAN OCHSNER, DIRECTOR OF COMMUNITY QUALITY.

AND, UH, THIS HAS BEEN ONE OF THE PROJECTS I'VE HELPED OVERSEE.

UH, IT WILL BE, IT'LL BE OPEN THROUGHOUT THE YEAR.

OKAY.

AND IT WILL HAVE FREEZE PROTECTION, ALL THOSE SORTS OF THINGS.

THAT'S WHY I WAS ASKING THE FREEZE WISE.

YEAH.

YES.

THANK YOU.

THANK YOU.

UM, ANY OTHER QUESTIONS OF THE APPLICANT? DO WE HAVE ANY MEMBERS OF THE GENERAL PUBLIC THAT WISH TO SPEAK EITHER FOR OR AGAINST THIS PARTICULAR ISSUE? SEEING NONE.

DO WE HAVE ANY COMMENTS BY MEMBERS OF THE COMMISSION? IF NOT, DO I HAVE A MOTION? MOTION TO APPROVE? SECOND.

AND THAT IS APPROVED BY VOTE FOUR TO ZERO.

THAT WILL BE BEFORE CITY COUNCIL ON, IT'S NOT, I'M SORRY.

ACTUALLY IT'S DONE TONIGHT.

UH, THAT

[B. Case #SP23-00016 Public Hearing and Consideration for a Site Plan for LifeChurch Central Campus Expansion – Parking Garage, located on the east side of I-35, south of 2nd Street. (Olsson) (Ward 2)]

OKAY.

APPLICANT IS REQUESTING APPROVAL OF A SITE PLAN TO ALLOW THE CONSTRUCTION OF A PARKING GARAGE ON THE LIFE CHURCH CAMPUS.

UH, IF YOU DON'T KNOW, THAT'S ON THE SOUTHEAST CORNER OF I 35 AND EAST SECOND STREET.

UH, THE STRUCTURE WAS PROPOSED WITH THE, UH, PLAN UNIT DEVELOPMENT THAT WAS APPROVED FOR THE CHURCH CAMPUS OR THE LIVE CHURCH CAMPUS.

UH, AND IT DOESN'T MEET THAT PUD.

UH, THE BUILDING WILL BE 46 FEET TALL OR FOUR PARKING LEVELS, AND WE'LL HAVE 494 SPACES.

UH, THE EXTERIOR OF IT, IT WILL BE PRECAST CONCRETE WITH, UM, AN ARCHITECTURAL PERFORATED METAL ON THE SIDE FACING THE RIGHT OF WAY TO THE WEST.

UH, IT MEETS ALL THE OTHER CODE REQUIREMENTS AND STAFF RECOMMENDS APPROVAL.

OKAY.

DO WE HAVE ANY QUESTIONS OF CITY STAFF AT THIS POINT IN TIME? UH, WOULD THE APPLICANT CARE TO ADD ANYTHING FURTHER? OKAY.

DO WE HAVE ANY QUESTIONS OR COMMENTS OR, ACTUALLY BY MEMBERS OF THE GENERAL PUBLIC, EITHER FOR OR AGAINST THIS PARTICULAR PROJECT SCENE? NONE.

DO WE HAVE ANY COMMENT BY MEMBERS OF THE COMMISSION? DO I HAVE A MOTION? I'LL MAKE A MOTION TO APPROVE.

I'LL SECOND.

AND THAT IS APPROVED BY A VOTE OF FOUR ZERO.

AND THAT IS FINISHED HERE TONIGHT.

[C. Discussion and Consideration of an Ordinance Amending Title 4, Chapter 4.18 Outdoor Sellers of the Edmond Municipal Code to Amend Section 4.18.010 Permit Required; Amend Section 4.18.040 Permit Fee; Add New Section 4.18.060 Penalty; and Providing for Repealer and Severability.]

THANK YOU MR. CHAIRMAN.

UH, CORY ATKISSON, CITY CLERK FOR THE CITY OF EDMOND.

A PLEASURE TO BE WITH ALL OF YOU THIS EVENING.

UH, FIRST THANK YOU ALL FOR YOUR SERVICE TO THE CITY OF EDMOND.

UM, I KNOW IT IT TAKES TIME OUTTA YOUR EVENINGS TO BE HERE, AND SO WE APPRECIATE ALL OUR BOARD VOLUNTEERS ON OUR VARIOUS BOARDS AND COMMISSIONS.

[00:05:02]

UM, THE PURPOSE OF THIS PERMIT WAS TO, UH, WAS DESIGNED TO ALLOW INFREQUENT AND INTERMITTENT, UH, RETAIL SALES ON PROPERTY ZONE OPEN DISPLAY COMMERCIAL WITHOUT REQUIRING THE FULL SITE PLAN, UH, FULL INSPECTIONS, ET CETERA.

THE IDEA IS IF YOU'RE BUILDING A MORE PERMANENT STRUCTURE, YOU NEED TO GO THROUGH THE RIGOROUS PROCESS.

IF IT'S A VERY INFREQUENT OR, UM, TIME-LIMITED, UH, USE, THEN MAYBE YOU DON'T HAVE TO JUMP THROUGH ALL THOSE HOOPS.

AND SO THIS PERMIT WAS DESIGNED TO CREATE THAT PROCESS.

THE CURRENT PERMIT ALLOWS PERMITS TO BE ISSUED FOR A MAXIMUM OF 30 DAYS PER SIX MONTH PERIOD PER LOT.

UM, THESE PERMITS ARE NOT REQUIRED FOR FOOD TRUCKS OR FOR THOSE BUSINESSES THAT OPERATE WITHIN PERMANENT STRUCTURES ON THE SAME LOT.

UM, AFTER, UM, SOME CONVERSATIONS, UH, WITH STAFF, UM, AND JUST BASED ON, UH, FEEDBACK, UH, FROM, UM, ONE OF THE INDIVIDUALS THAT RECEIVES OUR PERMITS ON SOME CHANGES THAT MIGHT BE BETTER, UH, FOR HIS OPERATIONS AND BETTER FOR THE CITY AS A WHOLE.

UM, CITY, UH, CITY STAFF HAVE LOOKED AT SOME PROPOSED CHANGES, UM, INCLUDED IN YOUR PACKET AND ON THE SCREEN RIGHT HERE IS A RED LINE VERSION OF THOSE CHANGES.

UM, WHAT WE ARE PROPOSING IS THAT, UM, OUTDOOR SELLER, JUST SOME CLARITY HERE, THAT OUTDOOR SELLER PERMITS, UH, SHALL BE ISSUED TO A PERSON OR BUSINESS FOR A SPECIFIC LOT, UM, THAT PERMITS ISSUED FOR A SPECIFIC LOT SHALL NOT IN TOTAL EXCEED 180 DAYS EACH CALENDAR YEAR.

AND BASICALLY ALLOWING THAT, THAT PERSON OR BUSINESS TO SPLIT THAT UP, HOW THEY WISH THEY COULD TAKE A WHOLE 180 DAYS ON ONE PERMIT, OR THEY COULD DO UP TO, UH, SEVERAL 30 DAY PERMITS, BUT THE, THE MINIMUM WOULD BE 30 DAYS PER PERMIT.

UM, AND AGAIN, TYING THAT TO THE SPECIFIC LOT.

SO IF, IF ONE PERSON GETS A PERMIT FOR THAT PROPERTY AND GETS THE FULL 180 DAYS, A SECOND PERSON COULDN'T ALSO GET A PERMIT FOR THAT PROPERTY, IT WOULD BE A MAX ON THAT LOT FOR MAXIMUM 180 DAYS.

UM, OUR OFFICE ISSUES THESE PERMITS AND SO WE WERE ALREADY AUTHORIZED TO MAKE, ADOPT AND AMEND SOME RULES FOR, FOR APPLICATIONS, JUST ADDING SOME CLARITY THAT SOMETIMES WE DO REQUIRE FROM PERMIT APPLICANTS, YOU KNOW, VERY BASIC SITE LAYOUTS, TRAFFIC PLANS, THINGS TO ASSESS HEALTH AND SAFETY ISSUES.

UM, OTHER THINGS THAT WE TOUCHED ON.

UH, WE'RE RAISING THE COST OF THE PERMIT FROM $50 TO A HUNDRED DOLLARS, UM, BECAUSE OF THE, THE, THE STAFF REVIEW THAT IS NECESSARY FOR THESE.

AND THEN, UM, THE ORDINANCE DIDN'T HAVE A PENALTY CLAUSE, SO WE FELT IT WAS APPROPRIATE IF WE'RE GONNA HAVE ANY REQUIREMENT OF THE CODE, THAT THERE SHOULD BE A PENALTY FOR VIOLATING IT.

UM, AND SO, UM, WE WANTED TO BRING THIS, UH, FOR YOUR CONSIDERATION THIS EVENING AS FAR AS A, A RECOMMENDATION RECEIVED BECAUSE IT IS A LAND USE ISSUE, EVEN IF IT IS A VERY TIME-LIMITED LAND USE ISSUE.

WITH THAT, I WOULD BE HAPPY TO ANSWER ANY QUESTIONS.

UH, DO ANY MEMBERS OF THE COMMISSION HAVE ANY QUESTIONS OF MR. ATKISSON? I'LL, UH, QUICK QUESTION.

UH, WHAT PROMPTED THIS, UH, CHANGE AND WHY FOR THE TRIPLING, THE, THE TIME AVAILABLE FOR THEM TO USE THIS, UH, PARKING LOT? CERTAINLY, I THINK WHEN I, I I THINK THERE WERE SOME, UM, THERE, THERE WERE SOME DISAGREEMENTS BETWEEN, UM, INTERPRETATIONS OF THIS SECTION OF CODE AND, AND RELEVANT, UH, THE RELEVANT FACTOR BEING, UH, I'M TALKING ABOUT VERY CLARIFYING THAT THE, UH, LOT LIMITATION IS 180 DAYS IN ITS PER LOT.

THERE, THERE WAS A PRACTICE OF THIS LLC IS GOING TO GET THIS PERMIT THAT LLC IS GONNA GET THIS PERMIT.

AND NOT, NOT THAT THAT WAS WRONG NECESSARILY, BUT IT WAS REALLY NOT WITH THE INTENT OF THE CODE AT THAT TIME.

SO WE WANTED TO MAKE SURE THAT WE WERE FOLLOWING THE CODE IN THE APPROPRIATE WAY.

UM, THAT WAS THE INTENT WHEN IT WAS PASSED.

SO WHEN WE STARTED HAVING THAT CONVERSATION AND REALLY ENFORCING THE CODE AS IT WAS WRITTEN AT THAT TIME, UM, UH, MR. JUSTICE, WHO I THINK IS IN THE ROOM THIS EVENING, UM, IS OUR, OUR PRIMARY INDIVIDUAL THAT USES THAT FOR HIS, UH, PUMPKIN STAND AND CHRISTMAS TREE STAND.

UM, IN FACT, OF THE 24 PERMITS THAT HAVE BEEN ISSUED UNDER THIS ORDINANCE, UH, SINCE, UH, 2018, I BELIEVE HE'S RECEIVED 21 OF THOSE.

AND SO HE, HE IS THE PRIMARY USER OF THESE AND WE APPRECIATE HIM ATTEMPTING TO FOLLOW THE RULES.

UM, SO A WE JUST WANTED TO FORCE THIS.

WHEN IT COMES TO THE QUESTION OF EXPANSION OF TIME, I THINK WE REALLY HAD A CONVERSATION WITH STAFF OF WHAT WAS OUR REAL PURPOSE HERE OF ESTABLISHING ANY KIND OF TIME LIMIT.

AND IT REALLY WAS FOR THAT PURPOSE OF WHAT IS A MORE PERMANENT USE AND WHAT IS A TEMPORARY USE.

AND THAT LINE OF 180 DAYS IS WHERE STAFF CAME DOWN AS FEELING COMFORTABLE OF DEFINING WHAT IS TEMPORARY, OF MAXIMIZING THAT AS 180 DAYS PER CALENDAR YEAR.

[00:10:02]

I HAD A QUESTION REAL QUICK.

UM, YES SIR.

I UNDERSTAND THAT, YOU KNOW, THE COST OF EVERYTHING HAS GONE UP IN, IN RECENT YEARS.

UM, WHY ARE WE GOING FROM 50 TO A HUNDRED? SO ORIGINALLY WHEN THIS PERMIT WAS DEVELOPED, IT WAS ENTIRELY SOMETHING THAT WAS DONE ADMINISTRATIVELY THROUGH THE CITY CLERK'S OFFICE.

SO THE ADMINISTRATIVE SPECIALIST WOULD RECEIVE IT, WE DO SOME PAPERWORK, WE'D, WE'D APPROVE IT.

NOW, IN SOME INSTANCES, WE MAY HAVE A, UH, PLANNER REVIEW IT FOR, UH, THAT IT'S MEETING PLANNING CODE, UM, THAT THE, THESE PROVISIONS RELATED TO TRAFFIC PLANS, ET CETERA.

WE MAY BE SENDING THEM, WE MAY BE SENDING 'EM OUT FOR FIRE CODE CONCERNS.

YEAH.

OKAY.

AND SO IT'S JUST TO COVER THAT STUFF.

OKAY, GREAT.

THANK YOU.

ANY OTHER? YEAH, JUST ONE MORE COMMENT, I'M SORRY.

UM, I LIKE THE WAY THAT, UH, THE CHANGES WERE MADE.

THE LANGUAGE IS A LOT MORE CLEAR.

UH, I DON'T KNOW, JUST OUTDOOR, WOULD YOU GO FOR 120 DAYS OR IS THAT, UH, DO OR DIE ON THAT? I, WE ARE CERTAINLY HAPPY TO RECEIVE RECOMMENDATIONS FROM THE PLANNING COMMISSION, UH, WITH WHATEVER Y'ALL WOULD DEEM APPROPRIATE.

I, I THINK STAFF WAS COMFORTABLE WITH 180 DAYS.

UM, OTHERWISE WE NOT, WOULD NOT HAVE RECOMMENDED IT.

OKAY.

BUT, UM, CERTAINLY WOULD RECEIVE YOUR RECOMMENDATIONS IF, IF THAT IS YOUR DESIGN.

ANY OTHER QUESTIONS BY MEMBERS OF THE COMMISSION? UH, DO WE HAVE ANY MEMBERS OF THE GENERAL PUBLIC THAT WISH TO SPEAK EITHER FOR OR AGAINST THIS PARTICULAR ISSUE? YES, SIR.

IF YOU PLEASE COME FORWARD AND INTRODUCE YOURSELF, AND I THINK YOU'VE ALREADY BEEN SINGLED OUT HERE.

SO , THANK YOU GUYS FOR HAVING THIS MEETING HERE, INCLUDING ME IN THERE.

I'M TANNER JUSTICE, I REPRESENT THE PUMPKIN AND CHRISTMAS TREE STAND.

WE OPERATE ON 15TH AND BROADWAY CURRENTLY IN EDMOND.

UM, I JUST WANNA SAY THANK YOU TO EVERYONE THAT'S KIND OF COME UP WITH A SOLUTION FOR THIS.

FOR THE LAST FIVE YEARS WE'VE BEEN OPERATING IN SUCH A MANNER WITHOUT ANY ISSUES AT ALL, BUT THE WORDING WAS A LITTLE BIT OF A CONFLICT, SO WE'RE JUST TRYING TO ADJUST FOR THAT.

UH, I DO APPRECIATE THE AMOUNT OF TIME THAT THEY GIVE BECAUSE IT, IT DOES HELP WITH WEIRD BUGS AS FAR AS THE 30 DAY MINIMUM.

AND SO IF I, FOR ME IN PARTICULAR, IF I WAS TO USE, UH, CERTAIN SECTIONS OF TIME AND THE MINIMUM IS 30 DAYS, THEN I HAVE TO SPAN OVER SAY, PUMPKINS AND CHRISTMAS TREES.

LIKE RIGHT NOW, WE'RE NOT, WE'RE NOT OPERATING, WE'RE JUST HANGING OUT, WAITING FOR THE CHRISTMAS TREES TO COME IN.

WE DON'T WANNA GET 'EM TOO EARLY.

BUT, UM, SO WE'LL JUST GET A PERMIT ACCORDING TO WHAT THEY'RE PROPOSING FROM SEPTEMBER ALL THE WAY THROUGH DECEMBER.

AND SO IT'S A, YOU KNOW, A LITTLE BIT OF EXTRA TIME TO PAD FOR OUR BETWEEN TEAR DOWN SETUP.

AND THEN IF WE DO SPRING FLOWERS OR SOMETHING LIKE, UH, MR. MAYOR HAS HAD INTEREST IN, EVEN THOUGH HE DIDN'T LIKE THE FLOWERS I HAD, SO WE'RE GONNA DO THAT BETTER.

SO, .

BUT, UH, WE'RE, ANYWAYS, WHAT I WAS GONNA SAY IS THANK YOU.

AND I THINK THIS IS A, A GOOD SOLUTION.

I MEAN, I BELIEVE THAT WE WERE, THAT THIS OPERATION WAS GOING ON LONG BEFORE MY TIME, VERY WELL WITHOUT ANY PERMITS, BUT I UNDERSTAND THAT IT'S A GROWING CITY AND MAYBE YOU GUYS HAVE OTHER KINDS OF CONCERNS THAT ARE BEYOND WHAT I SEE AND, AND, AND, AND DEAL WITH.

SO I COULD APPRECIATE THAT.

AND I JUST, LIKE I SAID BEFORE, WANNA THANK COREY AND EVERYBODY FOR WORKING ON THIS.

AND, UH, I THINK THAT AS PROPOSED, IT WOULD BE FEASIBLE TO DO SOME COOL SEASONAL THINGS THAT THE COMMUNITY REALLY EXPECTS AND WOULD BE, UH, DISAPPOINTED IF, IF WE WEREN'T ABLE TO DO THAT.

SO THANK YOU GUYS FOR YOUR TIME.

APPRECIATE IT.

THANK YOU, MR. JUSTICE.

UH, DO WE HAVE ANYONE ELSE WHO WOULD LIKE TO SPEAK EITHER FOR, AGAINST THIS PARTICULAR ISSUE? ANY FURTHER COMMENT BY MEMBERS OF THE COMMISSION? SEEING NONE, DO I HAVE A MOTION? I'LL MAKE A MOTION, UH, TO APPROVE AS PRESENTED.

I'LL SECOND.

AND THAT I, ITEM IS APPROVED BY VOTE OF THREE TO ONE.

IT WILL BE BEFORE CITY COUNCIL ON NOVEMBER THE 13TH FOR FURTHER CONSIDERATION BY THE CITY COUNCIL.

[D. Discussion and Assignment of two (2) Commission members to serve on the Development Impact Fee Study Focus Group.]

ALL RIGHT.

GOOD EVENING.

MY NAME IS KEN BRYAN.

I'M A PLANNER WITH THE CITY OF EDMOND.

I'M, UH, PROJECT MANAGING THE STUDY, UM, OF DEVELOPMENT IMPACT FEES HERE IN EDMONDS.

SO WE'VE HIRED A CONSULTANT TO, UH, TO TAKE A LOOK AT THOSE FOR US.

PART OF THAT SCOPE OF WORK IS TO ASSEMBLE A FOCUS GROUP THAT IS REPRESENTATIVE OF, UH, SEVERAL OF OUR BOARDS AND COMMISSIONS.

SO PLANNING COMMISSION, UH, CIP BOARD, PARKS AND REC, AND THE URBAN BOARD, AS WELL AS MEMBERS OF THE DEVELOPMENT, UH, SECTOR AND SOME, UH, CITIZENS AT LARGE.

SO THOSE WILL BE APPOINTED BY COUNCIL.

UM, THE FOCUS GROUP WILL, UH, MEET A FEW TIMES AND ADVISE THE CONSULTANT ON THE DIRECTION AND THE PROPOSED, UH, PROGRAM FOR IMPACT FEES

[00:15:01]

SO I'M, I'M HERE TO KIND OF IN INVITE, UH, TWO MEMBERS OF THE PLANNING COMMISSION TO PARTICIPATE IN THAT FOCUS GROUP WITH US.

I NOTICED MR. WALL'S NOT HERE, SO , I DON'T KNOW IF THAT'S RELEVANT.

HE, HE COULD COVER BOTH TWO BOARDS IF YOU WANT.

, RIGHT? .

ALRIGHT.

I DON'T MIND VOLUNTEER IF THAT'S WHAT YOU'RE LOOKING FOR.

WE'VE GOT ONE VOLUNTEER.

WHAT ARE THE TIME, I MEAN TIME CONSTRAINTS.

OH, YES, THANK YOU.

UM, THE FIRST MEETING WILL BE, UH, TENTATIVELY DECEMBER 4TH, AND THEN TWO ADDITIONAL MEETINGS, UM, PROBABLY LATE WINTER, EARLY SPRING TIMEFRAME, SO SORT OF MARCH TIMEFRAME AND THEN SORT OF MAY TIMEFRAME.

SO THOSE ARE THE, THAT'S THE MINIMUM REQUIREMENT AS IT STANDS NOW.

IF, IF IT GOES SMOOTHLY, THAT WILL BE, THAT'LL BE, UM, HOW IT UNFOLDS.

UM, OF COURSE, IF WE HAVE TO ADJUST THE SCOPE, THERE MAY BE A, A FEW MORE.

I MEAN, IT'S NOT GONNA GET, UM, IT WON'T GET TOO CRAZY.

I, I CAN'T REALLY EVEN IMAGINE MORE THAN TWO ADDITIONAL BEYOND THAT.

IS THAT DOABLE MR. CHER? I GUESS, UH, SINCE KEN'S NOT HERE, I GUESS I WILL.

UH, NEW GUY.

I'M THE NEW GUY.

YEAH.

ALRIGHT, I'LL VOLUNTEER.

ALRIGHT.

LOOKS LIKE WE FILLED YOUR TWO POSITIONS.

THANK YOU SO MUCH.

APPRECIATE YOUR TIME.

WE APPRECIATE THAT.

UH, THAT BRINGS US TO THE ISSUE OF NEW BUSINESS.

DO WE HAVE ANY NEW BUSINESS? AND SEEING NONE.

DO I HAVE A MOTION FOR ADJOURNMENT? MAKE A MOTION TO ADJOURN.

SECOND.

ALL IN FAVOR SAY AYE.

AYE.

AYE.

WE ARE ADJOURNED AT APPROXIMATELY 5 46.