ITEM TITLE:
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Hold a public hearing and consider a resolution amending the 2030 Land Use Plan from Residential/Low Density to Residential/High Density for the property located at 801-809 NW Pershing Dr, Lawton, OK, 73507, said amendment is related to a companion rezoning request from Deborah Bell on behalf of Win-Wal Properties LLC to allow for an assisted living home on the property; 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 and 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 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 7:00am, and would have 16 total employees with rotating 12 hour shifts. The Planning Commission made a motion to pass with no second and then a motion was made to deny with no second. The Planning Commission ultimately made no recommendation on the request.
There was a petition against the rezoning turned into the City Clerk’s Office before the July 25, 2024 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.
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.
On August 27, 2024, the City Council voted to send the item back to the CPC for a recommendation. The Notice of Public Hearing was re-mailed to 50 owners of property within 300 feet of the requested area on August 30, 2024, and proper notice was re-published in The Lawton Constitution on September 1, 2024.
The City Planning Commission held a public hearing on September 26, 2024 and made a recommendation to approve the change of zoning and amendment to the 2030 Land Use Plan.
EXHIBIT: Resolution 24-___
Location Map
Site Plan
Analysis
Mailing Notice
Newspaper Notice
Petition
Petition Map
CPC Minutes July 25, 2024
CPC Minutes September 26, 2024
KEY ISSUES: Petition against signed by 12 property owners within 300’
FUNDING SOURCE: N/A
CPC RECOMMENDED COUNCIL ACTION: Approve Resolution 24-_______ amending the 2030 Land Use Plan from Residential/Low Density to Residential/High Density for the property located at 801-809 NW Pershing Dr, Lawton, OK, 73507.