PLANNING COMMISSION MINUTES
SPECIAL MEETING
DATE: OCTOBER 10, 2012
The Planning Commission of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Commission Chambers, at City Hall, 9th and Broadway, on Wednesday, October 10, 2012 at 1:30 p.m., pursuant to notice duly posted as prescribed by law.
AGENDA ITEM NO.1: Roll Call
Upon roll call the following members were present:
Brad Carter, Kirk Hoster, Shawna Turner, Chris Silvia, Taylor Prince, Ben Salter
A quorum was declared present and the meeting was called to order.
AGENDA ITEM NO. 2: Case #P13-12 (continued from September 5, 2012 Planning Commission Meeting) A public hearing for consideration of approval to rezone property from C-3; Automotive, Commercial and Recreation to C-4; Central Business with a Conditional Use Permit for a Boarding House or Rooming House Homeless Shelter (34 beds, plus three family units), food pantry, dining hall (soup kitchen), office, and other services for property located at 204 N. Louisa.
Applicant: Mike Little Construction
Chairman Turner called for the staff report. Justin Erickson presented the staff report. Staff gave an overview summary from October 3, 2012 Planning Commission Meeting, including new information obtained since then. Also, reported that the applicant provided further information with answers to questions from the Commissioners at that previous meeting.
Staff recommends approval of the rezoning request from C-3 to C-4; Central Business District.
Staff recommends denial of the current Conditional Use Permit request as presented and proposed by the Shawnee Rescue Mission.
However, Staff does recommend approval of a Conditional Use Permit in a limited form for a boarding house/overnight shelter with the following conditions:
1. Upon completion of all other conditions and code requirements, the proposed 31-bed boarding house/homeless shelter may only be utilized during severe inclement winter weather events as defined as when the National Weather Service issues a Winter Storm Warning, Ice Storm Warning or Blizzard Warning. When the overnight shelter is operational, security shall be provided at all hours. Violation of this condition shall result in the immediate revocation of the Conditional Use Permit.
2. Utilization of the shelter in a method other than that identified in #1 above, shall require approval from the Shawnee City Commission upon recommendation by the Shawnee Planning Commission following the Conditional Use Permit requirements outlined in the Shawnee Zoning Code.
3. The building and proposed parking lot shall have security lighting and the lighting shall be shielded so that it does not impact adjacent residential properties.
4. The Shawnee Rescue Mission shall provide annual reports to the Shawnee City Commission related to all aspect of operation. These reports shall occur in May of each year and shall begin in May of 2013.
5. All applicable building, fire and zoning code standards apply and must be met before the building is occupied for an overnight shelter or any other use.
There was a lengthy discussion between the Commissioners and Justin Erickson clarifying portions of the staff report.
Chairman Turner asked the applicant to come forward for any questions from Commissioners. Melinda Blankenship, Director of the Shawnee Rescue Mission read a statement on the need for a second homeless shelter in the community.
Commissioner Silvia asked about the significance of 31-beds as proposed and the residents that frequent the Mission. Ms Blankenship said it is designed for 10 beds for men, 10 beds for women and 11 beds designated for occupants of the family shelter. She stated that the residents of Shawnee Rescue Mission are from Shawnee, there is no reason to bring them in from Oklahoma City. The Mission frequently transports the homeless to other agencies or specialized facilities. One program provides bus tickets to reconnect the homeless with family members in other states.
Ms Blankenship answered questions from the Commission. She stated the Shawnee Rescue Mission has a strict policy regarding drug and alcohol abuse. They plan on modeling an 8 month substance abuse program after the City Rescue Mission. Those with mental health issues will be evaluated by paid staff and connected with various agencies.
She assured the Commission that security monitoring systems are in place with more to be added. There are currently two security guards for the food pantry and they plan to have full time security if this proposal is passed.
Chairman Shawna Turner turned the discussion toward the financial area of the project such as funding for staff and the completion of the project. Ms Blankenship turned it over to the Chairman of the Board for the Shawnee Rescue Mission and Director of Development, Bill Holly. Mr Holly remains confident that funding sources will be available if needed through successful funding efforts. Mr Holly states the Rescue Mission has operated on a sound budget. Plans are to seek grants that will help this construction project, and funding campaigns will begin shortly.
Mr Holly answered questions from the Commissioners. Mr Holly stated they have applied for an AHP grant but it is conditional upon the Planning Commission approving the Conditional Use Permit as proposed.
With this grant, the goal is to get the day shelter fully operational as soon as possible. Mr Holly stated without the night shelter opening, the day shelter would be delayed because the funding is tied to the night shelter.
Tom Jones, President of the Oklahoma City Rescue Mission spoke before the Commission. Mr Jones offered a suggestion to redesign the 31-bed count plan for family units only. This would ensure that the Shawnee Rescue Mission would receive the AHP grant. Jones noted that this would allow the Shawnee Rescue Mission to prove to the Planning Commission and community that they can operate successfully. Shawnee Rescue Mission could then return to the Planning Commission with modifications at a later date to include single adults.
Chairman Turner asked Mr Jones about substance abuse policies and mental health issues at the Shelter. Mr Jones states drugs and alcohol will not be allowed at the Shelter. He stated that when the word gets out those eligible come to the Mission and immediately start the program of recovery. Those who don’t want the help won’t stay. Mr Jones acknowledged the Mission is not a mental health facility. However, they help connect those with mental health issues to other organizations. Once they have been evaluated the Shawnee Rescue Mission can shelter many who are on medication.
Commissioner Chris Silvia voiced concern when Mr Jones stated “when word gets out”. He does not want to increase levels of homeless, substance abuse or mental health issues in Shawnee. Silvia noted that he would like to see an additional recommendation from staff stating they must have a Shawnee address.
Chairman Turner’s concern is the Shawnee Rescue Mission may become a congregation point and may impact the surrounding neighbor’s health and safety. Mr Jones answered that most of the congregating activity would be conducted during day time hours. Once the overnight shelter is in place, a strict 7:00pm curfew would exist.
Commissioner Prince asked Melissa Blankenship her view on changing the 31-bed issue to more family orientated as suggested by Mr Jones. She agreed the Shawnee Rescue Mission would be open to the changes mentioned.
Chairman Turner asked Holly Gordon to come forward. Turner asked her if she has noticed any changes with the safety concerns she mentioned at the meeting on September 5, 2012. Ms Gordon stated she received a phone call from another organization confirming the homeless are being sent from the City Rescue Mission in Oklahoma City to the Shawnee Rescue Mission. She continues to see the same issues she originally voiced to the Commission. Ms Gordon said she bought her historic home seven years ago to renovate, but is concerned about the value of her home should she decide to sell.
Chairman Turner asked a representative from South Central Industries to come forward. Tina Hanna, Executive Director stated that many physically and mentally challenged individuals work, live and shop in this area. Several parents wrote letters of concerns to South Central about increased criminal activity. Ms Hanna commented she thinks the security cameras and security guards will help, but she is concerned regarding the security guards jurisdiction which stops at the Shawnee Rescue Mission property line.
Justin Erickson clarified questions from the Commission regarding police activity reports obtained.
Chairman Turner asked a representative from Angel’s Acres to come forward. Mike Little spoke on behalf of Angel’s Acres detailing the letter of support for the Shawnee Rescue Mission project.
Chairman Turner asked for Commissioners comments before bringing it to a vote.
Commissioner Ben Salter commented that he remembers this issue being discussed almost 30 years ago. That was Angel’s Acres and has turned out to be good for the area. He feels management has a lot to do with the organizational success. Since the last meeting he has driven in the area of the Shawnee Rescue Mission daily and has not observed the activity mentioned.
Commissioner Prince stated he lives in the area and therefore drives in the neighborhood several times a day. Mr Prince stated that it appeared that activity has seemed tapered down in the last 30 days. He recognized people in the neighborhood as former business clients. He mentioned he shares Commissioner Silvia’s concerns about determining if the clients are residents of Shawnee and not servicing individuals outside the community. Prince agrees with Mr Jones’ proposition to change the 31-beds to family units.
Commissioner Silvia states he believes rezoning and conditional use permit requests are seen by the Planning Commission too often. Often, where an applicant purchases a piece of property for a use other than what the current zoning allows, or has begun renovation or other construction projects without proper authorization prior to beginning. Silvia referred to the staff report quoting zoning regulations, and it was Staff’s opinion that the proposed use will have impact on the character of the neighborhood, traffic congestion and general welfare of the community. There are potential negative impacts on the City and surrounding neighborhood. Commissioner Silvia noted that to him, the Shawnee Rescue Mission has not shown that a need outside of the family units exist. He does feel the Shawnee Rescue Mission is filling a role of that which is a benefit to the impoverished in the local area and some homeless. However, it appears other agencies are not at full capacity. Silvia noted his concern that the size of the project is scaled more to the size of the grant than the need. Negative neighborhood impact would worsen if an overnight shelter was allowed especially if it was open beyond Shawnee’s borders allowing someone to come to Shawnee to find rescue. Staff recommended that the Shawnee Rescue Mission provide letters from other service providers in the community, noting partnership agreements and/or submit more information detailing the existing gaps in service that the Shawnee Rescue Mission can provide. This has not been done. Silvia questioned whether the $2.3 million dollars planned to manage the Shawnee Rescue Mission is the most effective use of the money. Rezoning this property with the Conditional Use Permit would stretch the boundaries, eliminate the natural barrier of this property once provided to the single family residential surrounding the property and would see a drop in property values. To grant the rezoning to C-4 with Conditional Use Permit as requested would be irresponsible.
Commissioner Hoster stated that the applicant should apply for rezoning first. His main concern is for the safety of the homeowners. Bigger buffer zone is needed so if anything were to pass, the family units might be safer. Certainly feels there is a need, but very concerned about the homeowners in the area.
Commissioner Carter commented this issue is problematic. When the issue of homelessness fails to provide nuance, it becomes easy to dismiss or not able to talk about. Antidotal evidence has been provided and not sure that is helpful in reaching a decision. Too many outstanding variables have not been addressed adequately to make an informed decision. Some consideration of this would be feasible since the Mission is already operating as a day shelter and offering services to clients. Appears if this should pass it would improve the facilities and services. It has also been suggested that it may improve the neighborhood as well. Carter stated this would be difficult for the Planning Commission to pass 31-beds without elaboration on the plan.
Chairman Turner thanked everyone in attendance for their support, time and effort to this cause. Turner stated that at this point she is not in support of approving the application as given. She thanked Mr Jones for his recommendations to consider changing the 31-bed overnight shelter proposal to family units because it does have merit.
Chairman Turner made a recommendation to table this matter until a new packet of information can be presented by the Shawnee Rescue Mission to consider options of family care as presented by Mr Jones.
Commissioner Silvia voiced that he is not in favor of the rezone, making the Conditional Use Permit request non-applicable.
Chairman Turner asked Staff to clarify the zoning classification.
After discussion with Staff and City Attorney Mary Ann Karns, Chairman Turner reminded the applicant of the opportunity to withdraw the application before it goes to the City Commission. If any changes are made to the application prior to the City Commission meeting, Shawnee Rescue Mission may resubmit to the Planning Commission without further charges incurred.
Chairman Turner asked for a motion for the rezoning portion of the application request. Chairman Turner made the motion to approve the rezone to C-4; Central Business District. Commissioner Prince seconded the motion.
Chairman Turner called for a motion for the Conditional Use Permit as presented by the application. Carter made a motion to deny the Conditional Use Permit as per the recommendation from Staff. Motion seconded by Commissioner Silvia.
Chairman Turner asked for motion. Commissioner Silvia made the motion to approve the Conditional Use Permit per the 5 recommendations from Staff with two additional points. They must show proof of Shawnee residency or a prior Shawnee resident and the facility must be verified only as family units. Commissioner Prince seconded. After discussion to clarify motion from Commissioners, Commissioner Prince withdrew his second motion. No one seconded the motion.
Chairman Turner asked for another motion. Commissioner Prince made a motion to approve the Conditional Use Permit as per Staff’s recommendations 3, 4 and 5, (excluding Staff recommendations 1 and 2) and to add the conditions that shelter residents must be Shawnee residents or be a prior Shawnee resident and the facility must be developed to include only family units. Commissioners discussed clarification of motion. Second was made by Commissioner Hoster.
AGENDA ITEM NO. 3: Discussion and possible action on memo to City Commission regarding the Planning Commission request to consider bicycle lanes along Bryan Street.
Chairman Turner called for the Staff report. Stephanie Clary presented changes to the memorandum as per the Planning Commission recommendations. The Planning Commission approved changes as requested and directed Staff to forward to the Traffic Commission and the City Commission.
AGENDA ITEM NO. 4: Adjournment
Meeting was adjourned.
Shawna Turner, Planning Commission Chairman
Linda Burg, Planning Commission Secretary
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