ITEM TITLE:
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Hold a public hearing and consider an Ordinance for a change of zoning from the R-1 Single-Family Dwelling District to the R-3 Multiple-Family District zoning classification for an assisted living home to be located at 801-809 NW Pershing Dr, Lawton, OK, 73507 and take appropriate action as deemed necessary.
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INITIATOR: Christine James, Planning Director
STAFF INFORMATION SOURCE: Kameron Good, Senior Planner
BACKGROUND: Win-Wal Properties LLC is the owner of the property located at 801-809 NW Pershing Dr, Lawton, OK, 73507. The parcel is 0.35 acres that has been used as a commercial building since before zoning code was established in 1964. The existing building has been considered existing legal non-conforming for several years. The proposed use is permitted in R-3 Multiple-Family District.
The Zoning of the surrounding area is:
North - R-1
South - R-1
East - R-1
West - R-1
The 2030 Land Use Plan for the surrounding area is:
North - Residential/Low Density
South - Residential/Low Density
East - Residential/Low Density
West - Residential/Low Density
The Notice of Public Hearing was mailed to 50 owners of property within 300 feet of the requested area on August 6, 2024, and proper notice was published in The Lawton Constitution on August 11, 2024.
18-1-1-114 - Rezoning and amendment procedure.
B. Protests. In cases of a protest against a rezoning filed at least three days before the time of said council public hearing by owners of twenty percent (20%) or more of the area in the requested area or by the owners of fifty percent (50%) or more of the area of the lots within a three hundred foot (300′) radius of the exterior boundary of the territory included in a proposed rezoning, such rezoning shall not become effective except by a favorable vote of three-fourths (¾) of all the members of the council.
There was a petition against the rezoning turned into the City Clerk’s Office before the City Planning Commission meeting. The Planning Department reviewed the names of the petition and created a map that depicts which are property owners and which are renters. There are 30 signatures on the petition. Twelve signatures are property owners within the 300 feet, 8 are renters and the rest are spouses with the same address listed. This did not meet the threshold to require a super majority vote.
The City Planning Commission held a public hearing on July 25, 2024. There were 5 people that spoke against it. Some of their concerns were crime, traffic, property values going down, added vagrants to area, negative impact on the character of the neighborhood, and a potential apartment complex going there in the future. The applicant was there and informed the Commission that this would house 19-20 patients, have quiet hours from 7:00pm to 8:00am, and would have 3 employees on staff at a time. The Planning Commission made a motion to pass with no second and made a motion to deny with no second. The Planning Commission ultimately made no recommendation on the request.
EXHIBIT: Ordinance 24-___
Location Map
Site Plan
Analysis
Mailing Notice
Newspaper Notice
Petition
Petition Map
CPC Minutes July 25, 2024
KEY ISSUES: Petition against signed by 12 property owners within 300’
FUNDING SOURCE: N/A
CPC RECOMMENDED COUNCIL ACTION: The Planning Commission made no recommendation to Council on the request.