2. Approval of the Minutes of October 6, 2014 Planning Commission Meeting.

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1 The City of Muskogee encourages participation from all its citizens in public meetings. If participation is not possible due to a disability, notify the Planning Department, in writing, at least forty-eight hours prior to the scheduled meeting and necessary accommodations will be made (ADA 28 CFR/36). AGENDA CITY OF MUSKOGEE PLANNING AND ZONING COMMISSION October 20, 2014 Members of the City of Muskogee Planning and Zoning Commission are hereby requested to attend a Regular Meeting to be held on October 20, 2014, at 9:00 a.m. in the Council Chambers, 3rd Floor of the Municipal Building, Muskogee, Oklahoma, for the purpose of discussing the following items: 1. Roll Call. 2. Approval of the Minutes of October 6, 2014 Planning Commission Meeting. 3. Consider approval confirming the appointment of Planning Commission Member Shawn Raper to serve on the Tax Increment District Review Committee of the City of Muskogee. (Gary D. Garvin) 4. Consider and take action with respect to a Resolution recommending that the City of Muskogee, through its City Council, create a Tax Increment District and approve the Muskogee Urban Renewal Area (Shawnee Avenue) Economic Development Project Plan. (Gary D. Garvin) Adjournment

2 Planning Commission 2. Meeting Date: 10/20/2014 Initiator: AGENDA ITEM TITLE: Gary Garvin, Planning Director Information Approval of the Minutes of October 6, 2014 Planning Commission Meeting. LEGAL DESCRIPTION: BACKGROUND: RECOMMENDED STAFF ACTION: Planning Commission Minutes Attachments

3 MINUTES CITY OF MUSKOGEE PLANNING AND ZONING COMMISSION October 6, 2014 Members of the City of Muskogee Planning and Zoning Commission were called to order at a Regular Scheduled Meeting on Monday, October 6, 2014, at 9:00 a.m., in the Council Chambers, 3rd Floor of the Municipal Building, Muskogee, Oklahoma. Gary Garvin, Planning Director, called the meeting to order, stating that the Chairman and Co- Chairman of the Board were not present, and a motion was needed to appoint a Chairperson for the meeting. Dan Hall made a motion to appoint Jim Eaton as Acting Chairman, and Dave Davis seconded the motion. Commissioners Dave Davis, Dan Hall, Kenny Greer, and Troy Stoutermire 1. Commission members present were Dave Davis, Jim Eaton, Dan Hall, Kenny Greer, and Troy Stoutermire. Commission members absent were Lillian Jayne and Shawn Raper. Others present were Gary Garvin, Planning Director, Tish Callahan, Assistant Planning Director, and Linda Carter, Secretary. 2. A motion was made by Commissioner Dave Davis, and seconded by Commissioner Dan Hall, to approve the Minutes of the regular September 15, 2014, COMP&ZC meeting as written. Commissioners Dave Davis, Jim Eaton, Dan Hall, Kenny Greer, and Troy Stoutermire Acting Chairman Jim Eaton declared the motion carried unanimously. 3. Public Hearing was opened by Acting Chairman Jim Eaton. Discussion was held and Gary Garvin, Planning Director, presented the staff report on the request from Muskogee Little Theater (David Eckerson, Agent) for an Ordinance to rezone the property located on the southwest corner of 3rd Street and Columbus Avenue, more particularly described in the ordinance, from "B" Single-Family Residential District and "F" General Commercial District to "MXD" Mixed Use District, and if approved authorize staff to revise the Official Zoning Map of the City to reflect said change. The rezoning is being requested to allow the property to be developed commercially. The applicant will be building a new theater (Muskogee Little Theater) at this location. v Public Hearing was closed by Acting Chairman Jim Eaton. Commissioner Dave Davis made a motion, seconded by Dan Hall, to approve an Ordinance to rezone the property located on the southwest corner of 3rd Street and Columbus Avenue, more particularly described in the ordinance, from "B" Single-Family Residential District and "F" General Commercial District to "MXD" Mixed Use District, and if approved authorize staff to revise the Official Zoning Map of the City to reflect said change. The property is more particularly described as follows:

4 Planning & Zoning Commission Minutes October 6, 2014 Page Two All of Block 54, of the Original Townsite of Muskogee (MOT), South of the South Rightof-Way of Columbus Avenue more particularly described as: Lots 14, 15, 16, and part of Lot 13, in Block 54, of the Original Townsite of Muskogee (MOT), located in the Southwest Quarter (SW1/4) of Section 26, Township 15 North, Range 18 East, Muskogee County, Oklahoma, described as: Beginning at the Southwest Corner of said Lot 13; thence Northerly along the West line thereof feet to a point on the Southerly Rightof-Way of Columbus Avenue; thence Southeast along said Right-of-Way feet to a point on the East line of said Lot 13, feet North of the Southeast Corner thereof; thence Southerly along said East line feet to the Southeast Corner of Lot 13; thence Westerly along the South line of Lot 13, feet to the Point of Beginning. Containing 70,384 square feet, more or less. Commissioners Dave Davis, Jim Eaton, Dan Hall, Kenny Greer, and Troy Stoutermire Acting Chairman Jim Eaton declared the motion carried unanimously. 4. Public Hearing was opened by Acting Chairman Jim Eaton. Discussion was held and Gary Garvin, Planning Director, presented the staff report on the request from Muskogee County Council of Youth Services for an Ordinance to rezone the property at 3900 Chandler Road, more particularly described in the ordinance, from "A" Agricultural District to E Office & Personal Service District, and if approved authorize staff to revise the Official Zoning Map of the City to reflect said change. The rezoning is being requested to allow the property to be developed commercially. The applicant is proposing to open a Boy s Group Home for the Department of Human Services (DHS) at this location. George Fletcher, at 3902 Chandler Road, Muskogee, OK, addressed the board and stated he was very much opposed to having a group home next door to his property. He stated he heard it was a boot camp, and felt it would be unsafe for the neighborhood. Mark Winters, Executive Director for McCoy s, addressed the board and said the home was not a boot camp, but a DHS Boy s Group Home that would house approximately sixteen boys of various ages until they could manage to get placed in a foster home, or with family members that could provide a safe home. These boys are not delinquent kids, but kids from families that have abused or abandoned them. He stated it is not a lock-up facility, but will have a privacy fence around the property to separate it from the residential homes. Ms. Tinnin, from Fort Gibson, OK, addressed the board and said she owned two pieces of property near the site of the group home, and wanted to know if a group home was the best use of property along the Chandler Road commercial corridor. She stated she was opposed to the rezoning. v Public Hearing was closed by Acting Chairman Jim Eaton. Commissioner Troy Stoutermire made a motion, seconded by Dan Hall, to forward an Ordinance to rezone the property at 3900 Chandler Road, more particularly described in the ordinance, from "A" Agricultural District to E Office & Personal Service District, and if approved authorize staff to revise the Official

5 Planning & Zoning Commission Minutes October 6, 2014 Page Three Zoning Map of the City to reflect said change, with no recommendation to the Public Works Committee. The property is more particularly described as follows: A part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section 29, Township 15 North, Range 19 East, Muskogee County, State of Oklahoma; Beginning at the Southwest corner of Section 29, Township 15 North, Range 19 East a distance of feet; thence N30ᴼ04 00 E a distance of feet; thence N88ᴼ03 08 E a distance of feet; thence S0ᴼ10 36 E a distance of feet; thence S89ᴼ03 80 W a distance of feet to the Point of Beginning. Containing 3.0 acres, more or less. Commissioners Dave Davis, Jim Eaton, Dan Hall, and Troy Stoutermire Kenny Greer (owns property with business partners across the street) Acting Chairman Jim Eaton declared the motion carried unanimously. 5. Public Hearing was opened by Acting Chairman Jim Eaton. Discussion was held and Gary Garvin, Planning Director, presented the staff report on the request from American Veterans Motorcycle Club (Leon Stidham, owner) for an Ordinance to rezone the property at 920 North Main Street, more particularly described in the ordinance, from "F-1" Open Air Highway District to F-2 Restricted Commercial District, and if approved authorize staff to revise the Official Zoning Map of the City to reflect said change. The rezoning is being requested to allow a private bar to be located on the property. Billy J. Kelly, P. O. Box 1872, Muskogee, OK, wrote a letter to the board opposing the rezoning. He owns property directly behind property being rezoned. Evelyn Chaplin, 2604 S. 28 th Street, Muskogee, OK, owns property at 1003 North Mill Street. She addressed the board stating the bar would devalue her property, and she has the property up for sale. She was opposed to the rezoning. Leon Stidham, owner and applicant, was present and addressed the board stating that the bar would be a private club and not opened to the public. He said the property behind him was undeveloped property. v Public Hearing was closed by Acting Chairman Jim Eaton. Commissioner Dave Davis made a motion, seconded by Dan Hall, to approve an Ordinance to rezone the property at 920 North Main Street, more particularly described in the ordinance, from "F-1" Open Air Highway District to F- 2 Restricted Commercial District, and if approved authorize staff to revise the Official Zoning Map of the City to reflect said change. The property is more particularly described as follows: The Easterly 65 feet of Lot 2, in Block 295, in the Original Town Site of Muskogee (MOT), according to the official plat thereof, located in the Southeast Quarter (SE1/4) of Section 23, Township 15 North, Range 18 East, Muskogee County, State of Oklahoma.

6 Planning & Zoning Commission Minutes October 6, 2014 Page Four Commissioners Dave Davis, Jim Eaton, Kenny Greer, and Dan Hall Troy Stoutermire Acting Chairman Jim Eaton declared the motion carried unanimously. 6. Public Hearing was opened by Acting Chairman Jim Eaton. Discussion was held and Gary Garvin, Planning Director, presented the staff report on the request from John H. and Diane C. Reynolds Trust for an Ordinance to close the Frances Street Right-of-Way located between Spruce Avenue and Reeves Street, and the sixteen (16) foot alley lying within Block 5 and Block 12 of Pickens Addition, more particularly described in the ordinance, providing for severability and setting an effective date. The street and alley closure is being requested to allow the property to be developed commercially (ALDI Grocery Store). Frances Waldrup, Goulburn, Detroit, MI, owns property in Block 12 of Pickens Addition. She addressed the board inquiring about the notice she received, and if this action would increase the value of her property. She stated she had received correspondence from someone on purchasing her property, but had not responded. v Public Hearing was closed by Acting Chairman Jim Eaton. Commissioner Kenny Greer made a motion, seconded by Troy Stoutermire, to approve an Ordinance to close the Frances Street Right-of-Way located between Spruce Avenue and Reeves Street, and the sixteen (16) foot alley lying within Block 5 and Block 12 of Pickens Addition, more particularly described in the ordinance, providing for severability and setting an effective date. The property is more particularly described as follows: All of Frances Street Right-of-Way between Spruce Avenue and Reeves Street adjacent to Block 5 and Block 12 in Pickens Addition to the City of Muskogee, Muskogee County, State of Oklahoma, AND ALL of the platted 16 foot alley lying between and adjacent to Lots 1 through 16, both inclusive in Block 5, and Lots 1, 2, 3, 4, 11, 12, 13, and 14, in Block 12, in Pickens Addition to the City of Muskogee, located in the Southeast Quarter (SE1/4) of Section 14, Township 15 North, Range 18 East, Muskogee County, State of Oklahoma. Commissioners Dave Davis, Jim Eaton, Kenny Greer, and Troy Stoutermire Dan Hall Acting Chairman Jim Eaton declared the motion carried unanimously. 7. Discussion was held and Gary Garvin, Planning Director, presented the staff report on the request from Mukash Patel (Edward Seaton, Heartland Surveying, Agent) for approval of the Preliminary and Final Plat of PATCO Addition, consisting of one lot on 2.81 acres, located on Military Boulevard (East of 32 nd Street), or take any other necessary action. The property is being platted into one lot to allow it to be developed commercially. The applicant is proposing to build a new extended stay hotel on the property (Hilton Home 2 Hotel).

7 Planning & Zoning Commission Minutes October 6, 2014 Page Five v Commissioner Kenny Greer made a motion, seconded by Dan Hall, to approve the Preliminary and Final Plat of PATCO Addition, consisting of one lot on 2.81 acres, located on Military Boulevard (East of 32 nd Street), or take any other necessary action.. The property is more particularly described as follows: A part of Blocks 49, 50 and 51 and all of alleyways between and adjacent thereto, and that part of Fondulac Street and North 29th Street adjacent thereto, in College Heights Addition to the City of Muskogee, according to the official plat thereof, in the Northeast Quarter of Section 21, Township 15 North, Range 18 East, Muskogee County, Oklahoma, more particularly described as follows to-wit: Beginning at the southeast corner of Lot 1, in Block 51, of said College Heights Addition; thence S88 05'46"W along the south line of said Block 51 a distance of feet to the southeast corner of Muskogee Inn Addition; thence N01 54'14"W along the east line thereof a distance of feet to the northeast corner of said Muskogee Inn Addition, and a point on a curve; thence easterly on a curve to the right having a radius of 7, feet, an arch length of feet and a chord which bears N87 51'50"E a distance of feet; thence S01 54'14"E a distance of feet tothe Point of Beginning. Containing 2.81 acres, more or less. Commissioners Dave Davis, Jim Eaton, Kenny Greer, Dan Hall, and Troy Stoutermire Acting Chairman Jim Eaton declared the motion carried unanimously. There being no further business, the meeting adjourned at 9:55 a.m.

8 Planning Commission 3. Meeting Date: 10/20/2014 Initiator: AGENDA ITEM TITLE: Gary Garvin, Planning Director Information Consider approval confirming the appointment of Planning Commission Member Shawn Raper to serve on the Tax Increment District Review Committee of the City of Muskogee. (Gary D. Garvin) LEGAL DESCRIPTION: BACKGROUND: The Tax Increment District Review Committee of the City of Muskogee is required to have a Planning Commission member serve on the committee. The committee had their first meeting (Special Call) on October 13, 2014, prior to a holding a Public Hearing at the City Council meeting to discuss the proposed Tax Increment District. Due to the short notice and the requirement that a Planning Commission member serve on the committee, Shawn Raper was recommended to fill that position. The City is recommending that Planning Commission confirm the appointment. RECOMMENDED STAFF ACTION: Approve the appointment of Planning Commission Member Shawn Raper to the Tax Increment District Review Committee of the City of Muskogee.

9 Planning Commission 4. Meeting Date: 10/20/2014 Initiator: AGENDA ITEM TITLE: Gary Garvin, Planning Director Information Consider and take action with respect to a Resolution recommending that the City of Muskogee, through its City Council, create a Tax Increment District and approve the Muskogee Urban Renewal Area (Shawnee Avenue) Economic Development Project Plan. (Gary D. Garvin) LEGAL DESCRIPTION: BACKGROUND: The City of Muskogee is proposing an Increment District (Increment District No. 3) for property located within the Urban Renewal Area. The Urban Renewal Area contains ninety (90) acres that is bordered on the north by Shawnee Avenue, on the east by Chicago Street, on the west by North 11th Street, and on the south by Talladega Street. The Increment District comprises an area where investment, development and economic growth have not occurred, and which requires significant public infrastructure improvements to serve as a catalyst to expand employment opportunities, to attract major investment in the area, and to enhance the tax base. The proposed Increment District is the area within which ad valorem tax revenue and sales and use tax revenue may be captured and utilized for the payment of Urban Renewal TIF Project cost. The Increment District shall be created upon adoption of an Ordinance of the City Council approving the Project Plan. Prior to adoption of the Project Plan, the Planning Commission is required to review and recommend the creation of a Tax Increment District and approval of the Muskogee Urban Renewal Area Economic Development Project Plan. Upon adoption of the Ordinance by the City Council, the City is designated and authorized to carry out and administer the provisions of the Project Plan and to exercise all powers necessary or appropriate thereto. Nathan Ellis, Attorney at Law (Public Finance Law Group), will be present to review the proposed Muskogee Urban Renewal Area Economic Development Project Plan with the commission. RECOMMENDED STAFF ACTION: Approve the Resolution recommending that the City of Muskogee through its City Council create a Tax Increment District and approve the Muskogee Urban Renewal Area Economic Development Project Plan. Resolution - Tax Increment District Attachments

10 PURSUANT TO THE LEGAL NOTICE AS IS REQUIRED BY THE OKLAHOMA OPEN MEETING ACT INCLUDING THE POSTING OF NOTICE AND AGENDA AS IS REQUIRED BY THE TERMS THEREOF, THE PLANNING AND ZONING COMMISSION OF THE CITY OF MUSKOGEE, OKLAHOMA, MET IN REGULAR SESSION AT THE CITY OF MUSKOGEE MUNICIPAL BUILDING, 229 WEST OKMULGEE, IN SAID CITY ON THE 20 TH DAY OF OCTOBER, 2014, AT 9:00 O CLOCK A.M. PRESENT: ABSENT: (OTHER PROCEEDINGS) Thereupon, the following resolution was introduced and caused to be read by the Secretary. Commissioner moved passage of the Resolution and Commissioner seconded the motion. The motion carrying with it the approval of said Resolution was approved by the following vote: The Resolution so approved is as follows: RESOLUTION A RESOLUTION RECOMMENDING THAT THE CITY OF MUSKOGEE THROUGH ITS CITY COUNCIL CREATE A TAX INCREMENT DISTRICT AND APPROVE THE MUSKOGEE URBAN RENEWAL AREA (SHAWNEE AVENUE) ECONOMIC DEVELOPMENT PROJECT PLAN. WHEREAS, the City of Muskogee (the City ) is working to promote economic development in the area, in order to provide increased opportunity for residents of the area and to improve the overall standard of living; and WHEREAS, the City has heretofore designated certain areas within the City as an Urban Renewal Area pursuant to the City of Muskogee Urban Renewal Plan dated May 2014; and WHEREAS, the City has attracted business interests with the potential to invest in commercial retail facilities and multi-family residential facilities within the Urban Renewal Area, subject to certain conditions including economic development incentives and financing; and

11 WHEREAS, the Local Development Act, Title 62, Oklahoma Statutes Section 850 et seq. (the Local Development Act ), was passed by the Oklahoma Legislature to implement Section 6C of Article X of the Oklahoma Constitution, which empowers the governing bodies of cities, towns, and counties to apportion tax increments to help finance the public costs of economic development; and WHEREAS, the proposed project depends upon the utilization of tax increment financing to help finance the project costs; and WHEREAS, at the direction of the City Council of the City, this Commission has reviewed the Muskogee Urban Renewal Area (Shawnee Avenue) Economic Development Project Plan (the Project Plan ); and WHEREAS, the creation of new opportunities for investment in commercial retail and multi-family residential facilities and the development and/or redevelopment of the Urban Renewal Area (all as described in the Project Plan) are in the best interests of the City; and WHEREAS, the proposed project is consistent with the City of Muskogee Comprehensive Plan, as heretofore adopted by the City. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF MUSKOGEE, OKLAHOMA: Section 1. The Planning and Zoning Commission of the City of Muskogee, Oklahoma, recommends to the City Council of the City of Muskogee the creation of a tax increment district and approval of the Muskogee Urban Renewal Area (Shawnee Avenue) Economic Development Project Plan. PASSED AND APPROVED THIS 20 TH DAY OF OCTOBER, (SEAL) By: ATTEST: Chairman By: Secretary 2

12 STATE OF OKLAHOMA ) )SS COUNTY OF MUSKOGEE ) I, the undersigned, Secretary of the Planning and Zoning Commission of the City of Muskogee, Oklahoma, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the Planning and Zoning Commission of said City held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the Open Meeting Law was complied with for such meeting. GIVEN UNDER MY HAND THIS 20 TH DAY OF OCTOBER, (SEAL) Secretary 3