ITEM TITLE:
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Consider holding a public hearing and approving an Ordinance pertaining to Planning and Zoning amending Section 18-1-1-114, Division 18-1-1, Article 18-1, Chapter 18, Lawton City Code, 2015 by establishing the notice requirements for medical and nonmedical detoxification facilities in accordance with Oklahoma State Statue, providing for severability, and establishing an effective date.
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INITIATOR: Christine James, Planning Director
STAFF INFORMATION SOURCE: Christine James, Planning Director
BACKGROUND: The Planning Director recently found an Oklahoma State Statue that requires more stringent notice requirements for medical and nonmedical detoxification facilities than what is currently listed in our City Code. Currently, rezoning requests require that the property owners within a three hundred foot (300’) radius of the exterior boundary of the request area be notified of the public hearing, but state statue states that for rezonings involving the use of treatment facilities, multiple family facilities, transitional living facilities, halfway house and any housing or facility that may be used for medical or nonmedical detoxification as these terms are defined pursuant to Section 3-403 of Title 43A of the Oklahoma Statues, notice shall be given to the property owners within one quarter (¼) mile of the exterior boundary of the request area. The state statue also states that instead of the normal 20-day mailed notice to the property owners, that at least a 30-day notice is required for rezoning requests involving medical or nonmedical detoxification facilities. The 15-day newspaper notice is still required for all rezoning requests. This ordinance would bring City Code into compliance with Oklahoma State Statue.
The Notice of Public Hearing was published in the Lawton Constitution on September 22, 2024.
The City Planning Commission held a public hearing on October 10, 2024, and recommended approval of this ordinance with a vote of 8-0.
EXHIBIT: Ord 24-_____
Section 43-106 of Title 11, Oklahoma State Statue
Section 3-403 of Title 43A, Oklahoma State Statue
Notice of Public Hearing
October 10, 2024 CPC Meeting Minutes
KEY ISSUES: N/A
FUNDING SOURCE: N/A
CPC RECOMMENDED COUNCIL ACTION: Hold a public hearing and approve Ordinance 24-_____ pertaining to Planning and Zoning amending Section 18-1-1-114, Division 18-1-1, Article 18-1, Chapter 18, Lawton City Code, 2015 by establishing the notice requirements for medical and nonmedical detoxification facilities in accordance with Oklahoma State Statue, providing for severability, and establishing an effective date.