The Creek County Board of Commissioners met Monday, February 24th, at 9.am., at the Collins Building.
Zoning Request Denied
Rezoning case CCZ-2007 and CCLS-2261, requested by Brian and Ashton Casey, to rezone from an Agricultural District to Light Residential, to allow a lot split, proved contentious.
The applicant, Brian Casey, wanted the rezoning to facilitate a lot split to build a bigger home on the property and to sell the existing home and newly-created lot.
This zoning request was approved 4-3 by the planning commission after Deborah Sewell, 13368 W. 81st St. South, voiced her opposition before the board. She sold the tract of land to Casey in 2007 and said she was “not sure of the verbiage,” but implied there was a “gentleman’s agreement” not to split the lot. Sewell said the proposed house would be “right behind her” and felt she would be “landlocked.” Sewell told the board this was an issue of safety. Since Casey and the Sewells share one driveway, which is at the bottom of a very steep hill, she was afraid that the extra traffic from another home would increase the possibility of an accident.
Leon Warner (center) disagrees with Newt Stephens (right) about safety concerns being a reason to deny the applicant’s request. 
Gerald Sewell, adjoining neighbor, voices his opposition to the rezoning, fearing more traffic accidents. 
Myrna Palmer states she saw sign in yard of property in question but felt it was unsafe to pull in and back up.
Deborah Sewell’s husband, Gerald Sewell stated, “We have turned this into a safety issue.” Sewell told the commissioners that between 1,800 to 2,000 cars travel that street. He said his residence is at the very bottom of a “very large elevation change.” Sewell stated that when he pulls out of drive there is “no vision either way.” He further stated that there had been several accidents including fatality accidents on that section of West 81st St. South in the past 15-20 years, and adding another residence would contribute to more accidents.
County Planner Wendy Murray then advised the board that the applicant called the County Planner’s office to notify them he was selling the lot. However, Murray told the board the applicant was unsure if he was going to sell the whole lot or go ahead with the lot split. Sewell advised the board he had spoken to the applicant and that the lot was going to be sold as a whole, and that the applicant was going to notify the Planner that he was “going to put a stop to it.” Murray told the Commissioners the applicant had not called back. The applicant, Brian Casey, was not present at the meeting.
Commissioner Newt Stephens suggests tabling the item for two weeks. Warner said there was no need for two weeks to make a decision. “This safety issue is huge where this is.” He stated the location is very dangerous for school buses stopping, and, “It is not a place for a bunch of houses.” Stephens expressed concerns about denying for those reasons. Warner replied that safety was the number one issue.
Another neighbor, Don Lovy, who stated he lived at the top the hill, told the board that the 35-foot access frontage for the proposed lot split was “in the absolute worst location.”The access was just beyond the “precipice,” therefore people would not have time to slow down for a vehicle entering or exiting that drive. Commissioner Leon Warner agreed with Lovy. “It’s setting up for a fatality someday.”
Stephens said he thought the issue would resolve itself, then asked the board what it wanted to do. Warner made a motion to deny the request and was seconded by Lane Whitehouse. Stephens was the first to vote and seemed uncomfortable being the first to vote, and after some deliberation, he voted to deny. All three commissioners voted to disapprove the request.
The current applicant must wait for one year to submit another request for rezoning. However, if the property is sold, the new owner may immediately file for a rezoning.
A citizen in the gallery asked what would happen if the property owner deeded it to a relative and the relative applied for rezoning? County Attorney Andrew Goforth said as long as the current applicant did not retain an interest in the property, they could immediately apply for rezoning.
Michael Schwinn’s request (case CCZ-2003) was unanimously approved to rezone from a Light Industrial District to an Agricultural District to allow the raising of farm animals at 17999 S. 49th W. Ave, Mounds.
The board unanimously approved case CCZ-2004 and case CCLS-2659 requested by Susan and Steven Williams to rezone Tract 1 to Commercial to allow a storage facility and Tract 2 to Agriculture to allow the raising of farm animals at 35550 W. 87th Place South, Mannford.
Board members approved case CCZ-2005 requested by Mark Remington to rezone from Manufactured Home District to Agricultural District to allow the raising of farm animals at 36061 St. South, Mannford.
Frankhoma Land Management’s request (case CCZ-2006) to rezone a tract located at the southwest corner of Highway 166 and Frankhoma Road, was unanimously approved to rezone from Agricultural District to Industrial to allow industrial subdivisions, creating an industrial park with 9 to 10 lots with up to 5,000 square foot buildings.
Second Amendment Proclamation
Commissioners unanimously approved signing a proclamation declaring Creek County as a Second Amendment Sanctuary County. For more on this subject, look for Brooke DeLong’s article in this weeks’ “Sapupula Times.”
Purchase of John Deere Tractor
Commissioners tabled a vote on the lease-purchase of one or more 2019 John Deere 60G Compact Excavators from Source Well, a bidding coop, because, under state law, the agreement must have the auditor’s approval. Creek County Treasurer Don Engle said this requirement benefitted the County due to the fact that once the agreement is approved by the auditor the vendor can’t change the terms of the lease.
Muscogee Creek Nation Agreement
Commissioners voted to approve signing an agreement between the Muscogee Creek Nation and The Board of County Commissioners to replace the existing bridge and bridge approaches for National Bridge Inventory #0388 on West 231st Street over Catfish Creek located in District #3. The estimated $1.2 million project is being funded by the Muscogee Creek Nation. The County is responsible for the acquisition of right-of-way, however, the landowner in question granted a temporary easement at no cost to the County.
The Creek County Board of Commissionersoenrts meets every Monday at 9 a.m., at the Collins Building, in Room 103.
