CITY OF MUSTANG PLANNING COMMISSION. MEETING OF NOVEMBER 25, 2014 Time 7:00 p.m. AGENDA

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1 CITY OF MUSTANG PLANNING COMMISSION MUSTANG MUNCIPAL BUILDING CITY COUNCIL CHAMBERS 1501 N. MUSTANG ROAD MUSTANG, OK MEETING OF NOVEMBER 25, 2014 Time 7:00 p.m. AGENDA I. CALL TO ORDER II. III. IV. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES: Approval of minutes from the October 14, 2014 Planning Commission meeting. V. INTRODUCTION OF GUESTS AND VISITORS/HEARING OF CITIZENS AND DELEGATES VI. PUBLIC HEARING, DISCUSSION, CONSIDERATION AND RECOMMENDATION ON: 1. Short Form Subdivision LS , 1830 E. Lily Lane, Lot Eight (8) Mitchell Addition, Lisa Bailey. Split Approx acres into Two (2) Tracts of approx acres and approx acres. 2. Special Use Permit Application SU , Grubbs Consulting LLC/Breitt Martin Investments, 1150 E State Highway 152, Private Residential Treatment Facility for Girls Aged Suffering from PTSD where Medical, Psychiatric and Behavioral Healthcare is Provided, C-5 Zoning. VII. VIII. IX. NEW BUSINESS COMMISSIONER, STAFF COMMENTS ADJOURNMENT The City of Mustang encourages participation from all its citizens. If participation at any public meeting is not possible due to a disability, notification to the City Clerk at least 48 hours prior to the scheduled meeting is encouraged to make the necessary accommodation. The City may waive the 48 hours rule if signing is not the necessary accommodation. DATE POSTED TIME INITIALS

2 PLANNING COMMISSION MEETING MINUTES OCTOBER 14, 2014 The Mustang Planning Commission met in a regular session on Tuesday, October 14, 2014 at 7:00 p.m. at the Mustang Municipal Building, City Council Chambers at 1501 N. Mustang Road. Notification of the meeting was posted Thursday October 9, 2014 in the foyer of the Mustang Municipal Building in compliance with the Open Meeting Act (25 OAS, Section 301, et. seq.) I. CALL MEETING TO ORDER: Vice-Chairman Brad Homer called the meeting to order at 7:00 p.m. II III. PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Commissioner Jesse Bratton Commissioner Brett Brown Commissioner Jerry Brown Commissioner Dan Hix, Secretary Commissioner Brad Homer, Vice-Chairman Commissioner Karl Mengers MEMBERS ABSENT: STAFF PRESENT: Commissioner Billy McDaniel, Chairman Melissa Helsel, Senior Planner Gayla Early, Office Administrator Jerry Calloway, Audio/Visual Technician CITY ATTORNEY: Attorney, Jonathan Miller, was in attendance. VISITORS: Mark Grubbs, Grubbs Consulting Todd Martin, property owner Robert Cornelius, OK Family Counseling Services Barbara Crossen Mayor Jay Adams Councilman Jess Schweinberg Councilman Matthew Taylor IV. APPROVAL OF MINUTES: Approval of Minutes from 8/26/2014 Planning Commission Meeting.

3 Commissioner Hix made a MOTION TO APPROVE the minutes from the August 26, 2014 Planning Commission meeting and Commissioner J. Brown SECONDED the motion. The motion was approved unanimously. V. INTRODUCTION OF GUESTS AND VISITORS/HEARING OF CITIZENS AND DELEGATES: VI. PUBLIC HEARING, DISCUSSION, CONSIDERATION AND RECOMMENDATION ON: 1. Rezoning Application RZ , Grubbs Consulting LLC/Breitt Martin Investments, 1150 E State Highway 152, C-5, Commercial Intensive District to C-5 PUD, Commercial Intensive District Planned Unit Development. Senior Planner Melissa Helsel provided a brief overview of the proposed development s location. This is a request for rezoning to a PUD. The applicant is Grubbs Consulting and the property owner is Breitt-Martin Investments. The proposed tenant is Robert Cornelius of Oklahoma Family Counseling Services. The property is located at 1150 E SH 152 and contains approximately 2.64 acres. It is the former Cosby Ranch building. The purpose of the PUD is to add a specific use into the zoning category for just this particular lot. The use is as follows: Posttraumatic Stress Disorder (PTSD) residential medical treatment center for adolescent girls, ranging in age from thirteen (13) to seventeen (17) years of age, where 24 hour conscious supervision, medical, psychiatric, and behavioral healthcare is provided. The treatment center will provide a maximum of 18 beds to house a maximum of 18 patients at any one time. Patients are treated for an approximate time period of four (4) to six (6) months and are released upon completion of treatment. Patients are not allowed to leave the facility until completed with treatment. The facility will be a private facility, funded by State and Medicaid. The facility will staff a medical director which will be on the premises or on call 24/7. The following use(s) shall not be permitted: Jail, Detention Facility. This is a use not identified in our municipal code. Staff originally recommended that the applicant seek a Special Use Permit, but they chose to approach the permitting of this use with a PUD. The applicant did not choose to apply with a Special Use Permit because those are reviewed every two years by the City Council and can be revoked at that time. He is reluctant to invest the money it will take to remodel the building if the permit can be revoked in two years. Staff did not recommend approval because they felt that the residential aspect of the use did not conform to the commercial/retail category on the comprehensive plan. Also, staff feels that a Special Use Permit is the more appropriate way to approach this change of use. Vice-Chair Homer opened the public hearing.

4 Mark Grubbs of Grubbs Consulting came forward. He stated that he and his client did meet with staff early on in this process. Staff initially recommended a Special Use Permit, but his client did not feel that was in his best interest. They continued to speak with staff about other options, and he felt they agreed on a PUD to add this specific use. Originally, Mr. Grubbs stated, he felt this should fit into C-5 as a medical facility and be a use permitted by right. However, they didn t want to disagree with staff, so they went forward with a PUD application. He stated that he would not have recommended that his client submit a PUD if he had known that staff would recommend denial. He stated that it is a Post Traumatic Stress Disorder residential treatment facility for adolescent girls. The applicant is Robert Cornelius of OK Family Counseling Services. His organization has a contract with Mustang Schools, which is the reason he wants to locate in the city. He is also a resident of Mustang. This will be the only youth PTSD residential treatment facility in Oklahoma. This is not a detoxification facility. This is for a teenage girl who has been raped, or been traumatized in some way. It will have mag locks on the doors, so an alarm will go off and staff can respond. There will be no fence erected. It is not a detention facility, it is a medical treatment facility for PTSD. The building has been sitting empty for a long time, and Mr. Grubbs feels that the building may remain empty for some time if this use is not permitted. Mr. Grubbs stated that they did receive the protest letter from Mr. Borneman. He was concerned about this being a detention facility and a fence with razor wire on top. Mr. Grubbs stated that his client has spoken with Mr. Borneman and he believes that he is less concerned about the use at this time. Mr. J. Brown asked if a sign would be erected. Mr. Grubbs suggested that if they do use the existing sign, they will probably advertise for the city and school district. They will not have a sign advertising their use. Mr. Robert Cornelius of Oklahoma Family Counseling Services came forward. He stated that he grew up in Mustang and he and his wife are graduates of Mustang High School. They have children in Mustang schools. They attend Chisholm Heights Baptist Church and his current office is located at N. Mustang Road and Reno. He serves on the Mustang School District long range planning committee and he is the youth chair for the Mustang Prevention and Action Coalition Team, a non-profit coalition that promotes wellness and healthy lifestyle in the community. His agency has contracted with Mustang public schools for 9 years now. They provide assessment for students and treatment for students and staff. They also do mental health related training for the district and staff development. They also contract with four other large districts in the state so they have several offices. He stated he has a long history of working with patients in residential mental health environments. They will have a doctor on staff that will be at the facility or on call 24/7. He also owns Reign Athletics at 122 E. Trade Center Terrace in Mustang. His wife, a former teacher, operates the facility. He stated that he would not do anything that is detrimental to the community that he lives in and enjoys and has invested in. He feels that this will be a good mental health resource for the community.

5 The existing sign will not be used to advertise the treatment facility. There will be no fence erected. The building will look just as it does not, they don t plan to change the site. There is a recreational area in the back of the building. The girls may also be transported to Reign Athletics for activities. Mr. Hix asked where their clients would come from. Mr. Cornelius said they could come from anywhere in the state. The staff will not carry any tazers, batons or weapons. He said there is a huge need for this type of treatment facility. Mr. Hix referenced the site plan. Mr. Cornelius stated they would keep the general layout. They will cater in food at this time. They might add a kitchen in the future. Mr. Cornelius listed his accreditations for his facility. The staff ratio will be 1:4 at a minimum during wake hours. There will be 1:8 during sleeping hours. These will be minimum staffing levels. Mr. Mengers asked how the girls would be referred to enter the facility. Mr. Cornelius stated that they have parental referrals and some girls from foster care who are not successful in that environment. If the girls are not cooperative, they may be moved to an acute facility. Mr. B. Brown asked if there would be any sales tax remitted from any of their operations. Mr. Cornelius stated that he did not know, but they would employ approximately 25 people. There will be 18 patients max. Mr. Homer asked if they would be given any schooling while they are there. Mr. Cornelius stated that Mustang Schools would be providing a teacher. Mr. Homer asked if the girls can be put there by judge s order. Mr. Cornelius stated that he could not think of one instance in 20 years where a patient has been placed by a judge into this type of facility. Mr. Hix asked if a patient was moved to an acute facility, how would the transportation be completed? Mr. Cornelius stated that the parent or person who referred them there would transport them. Mr. Cornelius stated that they do have a van that can take them to Reign, to Wal-Mart, to a restaurant, and so on. Sometimes they need to do one-on-one training with patients to learn how to shop, how to order from a menu, etc. Mr. Homer asked if the girls would have drug problems. Mr. Cornelius stated that they would be tested for drugs and pregnancy and will not be able to enter the facility if they are on drugs or pregnant. This is not a drug treatment center, and the primary diagnosis must be PTSD. If they go home on pass to their family, they will be tested when they return. He confirmed that it is a mental health facility that provides medical, psychiatric and behavioral healthcare. Mr. B. Brown asked if there was a certain time the patients may be at restaurants, stores or other facilities. Mr. Cornelius stated that it won t be at a certain time, but on an asneeded basis. It would probably not be at a restaurant s busiest time. They will also encourage church activities.

6 Mr. J. Brown asked Mr. Cornelius if he intended to lease or purchase the property. Mr. Cornelius stated that he intends to do a lease-purchase and ultimately own the property. Todd Martin, the property owner, came forward. He resides at 1240 W. SW 59 th Street in Mustang. He stated that he has been very selective in choosing a proper tenant for his property. They have had opportunities to lease it to a tobacco warehouse, a liquor warehouse, a car dealership, a call center for adult items. He purchased it as an investment and owns the property outright. He feels this is a good use for this property and a needed facility in Mustang. It will not be a rehab, a detox facility or a detention facility. The applicant is going to make an investment of over $100,000 in the property and will not be able to make his money back over a two year period, and is therefore averse to a Special Use Permit. He requested a PUD because it still allows all other C-5 uses for the future. He also thought that it would be allowed by right in C-5 zoning district. Hotels are allowed in C-5, hospitals are allowed in C-5 and educational facilities are permitted in C- 5. He assumed the zoning would allow this use by right. He said there is nothing there that will not happen at the St. Anthony s Healthplex. He feels this use will benefit the community. The building is already set up so you would have to be buzzed in or buzzed out. This will provide security for the patients. Mr. J. Brown asked Mr. Martin if he was concerned that they might expand to 36 plus beds in the future. Mr. Martin stated that he would probably not allow that. Adding on to the building is also restricted by the power line easements. Mr. Grubbs came forward. He stated that his client does not choose to do a special use permit. Robert Coleman sent them the PUD application. They will not allow more than 18 beds. It is not a jail facility, but a help for young abused girls. Mustang school system is large and this type of help is needed. If a patient is not working out at the facility they will be moved to an acute facililty. He asked for Planning Commission s recommendation of approval. Mr. Homer asked what was the nearest facility similar to this in the OKC area. Mr. Cornelius stated that St. Anthony s has a facility similar to this, that treats general behavioral health and sex offenders. This is the only PTSD center of its kind in the state. Mr. Hix asked if there is any type of crime that could be committed that would require them to come to the facility. Mr. Cornelius stated that he might not know that when they first come in. They do the best screening they can. They encourage family participation in most cases, because the child will most likely eventually go back to the home. Mr. Mengers asked what type of education they receive. Mr. Cornelius stated that they will receive a high school education. They will administer a credit recovery program and try to get all patients on grade level.

7 Mr. J. Brown asked if there was a maximum stay. Mr. Cornelius stated that they are needs-based. The average is 4-6 months, but if someone is not successful at the 6 months point they need to look at other treatment options. Barbara Crossen came forward. She lives at 8812 SW 80 th Street in Oklahoma City. She is a part-owner of the Borneman property to the north of the property in question. She is Mr. Borneman s niece. She is concerned about the location of the facility. She doesn t think it should be at the center of town, but should be in a more peaceful setting. She is concerned about it devaluing her property. She is concerned that there will be no fences, and it may not safe for patients with mental issues. State Highway 152 is very busy and she is concerned for the safety of the patients. She is confused that they say it isn t a lock-down facility, yet the patients are not allowed to leave. She contradicted Mr. Grubbs statement that her uncle is less concerned about the proposed use. She stated that he is very concerned about his property value being diminished. She asked what benefit this use would bring to the city. She researched PTSD clinics and that increased her concern. She doesn t think this location is appropriate for this type of facility. Mr. Cornelius came forward. He stated that the girls would not be able to run out into the street. They will have mag locks and crash bars. Staff would intervene before a patient would be able to run out. Their staff is trained in de-escalating. They will be leaving the facility at times. He stated that there will be no change in the outside appearance of the building or property. Todd Martin came forward and asked Ms. Crossen if there was any development going on at this time on her property. She stated that there was not at this time. Mr. Martin said that he is getting ready to develop 7 acres south of the Cedar Springs Industrial Park and would not jeopardize his development by allowing a use that would negatively affect property values in the area. He has made a 3 million dollar investment on that 7-acre property. Mr. J. Brown asked the applicant what he would do if this was denied. He indicated that he would like to have it open before the holidays because that is the most traumatic time for these patients. Hearing no further comments, Mr. Hix made a motion to close the public hearing. Mr. J. Brown seconded the motion. The motion was approved unanimously. Mr. J. Brown reminded the commissioners that this is just a recommendation on rezoning, nothing more. He stated he is torn between approval and disapproval. He is trying to evaluate what the benefit is to the city. Mr. Mengers stated that he doesn t see any benefit from this use to the city. Mr. Homer stated that his daughter has been in Special Olympics for the past 15 years and has special needs. He sees the need for this type of facility, especially for foster kids. He questioned whether this is the best thing for this site. He doesn t like this location for this use.

8 He pointed out that Yukon has this particular use in its zoning code, and questioned why Mustang doesn t have this specific use identified in its table of permitted uses. Mr. J. Brown asked Ms. Helsel to come forward. He asked her if this rezoning was denied, if there would have to be a Special Use Permit issued for this type of use. Ms. Helsel replied that staff felt that it would be appropriate for a Special Use Permit because it included uses other than what you would find in a typical medical facility. It is locked down, and it is a residential facility. It has elements of a group home as well. Staff felt that it was important for the public to be notified of this potential use and that the Planning Commission and City Council should look at this because it went outside the boundaries of what one might typically think of as a medical facility. If the City Council determines that they believe this falls into the C-5 zoning category by right as it is, then staff will defer to their judgment and allow the use. This application will go to the City Council next week, no matter what the Planning Commission decides. Council will read the minutes of this meeting, and the Planning Commission can give a recommendation to them for a Special Use Permit. Mr. Hix asked if the fire department or police department had any issue with this plan. Ms. Helsel stated that they hadn t discussed this issue with them yet, because they are at the zoning stage. Mr. Martin stated that the fire department has been out there three times to inspect it as a school, and didn t have any problems with it at that time. Mr. Miller pointed out the differences between a PUD and a Special Use Permit. He feels the Special Use Permit is more appropriate in this case. He believes the PUD is used for uses that are already permitted in the code, a Special Use Permit is used when the use is not otherwise described in the code. He also added that this could be a use added to the code as a permitted use if so desired. Mr. B. Brown stated that he is not scared of this use any more than a Sunday school. He s not worried about them running on the street, or committing a crime, but he thinks there would be less concern about it if it was off the main street, in a different location. He does think the building has some issues that make it a difficult fit for a C-5 use. It is too big for many C-5 uses, it doesn t lend itself to a strip center, and he expects any use that is going in there is going to be an odd-ball use, so why not this use? He questioned whether this use requires any kind of rezoning or special use. He agrees that it may fit into C-5 as is. He doesn t know that there s a need for a rezoning or special use permit. Mr. Mengers made a motion to recommend denial of this rezoning application to the Mustang City Council, and suggest that they require a special use permit application. Mr. J. Brown seconded the motion. A roll call vote was taken: Dan Hix Jesse Bratton Jerry Brown Brett Brown Brad Homer Yes Yes Yes Yes No

9 Karl Mengers Yes The motion passed 5 1. Mr. Homer announced that this item would be presented for consideration at the City Council meeting on October 21, VIII. NEW BUSINESS: No new business was declared. IX. COMMISSIONER, STAFF COMMENTS: X. ADJOURNMENT: Commissioner Homer made a motion to adjourn. Commissioner J. Brown SECONDED the motion, which was approved unanimously without a roll call. The meeting was adjourned at 8:30 PM CHAIRMAN DATE SECRETARY

10 Mustang Planning Commission Staff Report For Meeting of November 25, 2014 Applicant Information: Applicant: Lisa Bailey Owner: Lisa and Jerry Bailey 1830 E Lily Lane 1830 E Lily Lane Mustang, OK Mustang, OK Acres:Approx acres Zoning: R-E, Rural Estates District Streets: Public Lots: 1 Comp Plan: Commercial/Retail Water: Public Flood Plain: Zone X Sewer: Private Project Description: The applicant requests a Lot Split for the 4.32 acre lot at 1830 E Lily Lane. The property is zoned R-E, Rural Estates, and the minimum lot size for that district is.75 acres. The two newly-created lots will be approximately and 1.5 acres. Tract A contains a onestory brick dwelling. Tract B contains no structures. The lateral lines for Tract A are in the front yard, and do not extend close to the boundary for proposed Tract B. The owner is re-financing and would like to keep Tract B separate for re-financing purposes. It may be sold to a family member in the future. This property is on a public street and has public water. There will be a septic system required if the property is used for a residential structure. Character of Neighborhood: The general character of the area is rural estates development. Zoning and Uses of Property Nearby: The property on all four sides is zoned R-E. Conformance with Long-Range Plan: The long-range plan calls for low-density residential development in this area which could be R-1 or R-E. Professional Staff Recommendation: Staff recommends approval of this lot split.

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20 Mustang Planning Commission Staff Report For Meeting of November 25, 2014 Applicant Information: Applicant: Grubbs Consulting, LLC Owner: Breitt-Martin Investments, LLC 1819 S Morgan Road 2107 E State Highway 152 Oklahoma City, OK Mustang, OK Acres:Approx acres Zoning: C-5, Commercial Intensive Streets: Public Lots: 1 Comp Plan: Commercial/Retail Water: Public Flood Plain: Zone X Sewer: Public Project Description: The applicant requests a Special Use Permit for the building at 1150 E. State Highway 152. The description of the use is as follows: Posttraumatic Stress Disorder (PTSD) medical facility for adolescent girls, ranging in age from thirteen (13) to seventeen (17) years of age, where 24 hour conscious supervision, medical, psychiatric, and behavioral healthcare is provided. The medical center will provide a maximum of 18 beds. Patients services is needs-based, therefore patients are eligible for discharge upon completion of PTSD evaluation and approval by a Physician. Patients discharged prior to completion of the PTSD regimen will be discharged against medical advice (AMA) by the Physician and returned to legal guardian. The facility will be a private facility, funded by private, state and Medicaid funding. The facility will staff a medical director, nursing staff, educational staff, counselors and therapist available 24/7. This is a use not identified in our municipal code. Staff originally recommended that the applicant seek a Special Use Permit. Character of Neighborhood: The general character of the area is commercial and/industrial uses. Zoning and Uses of Property Nearby: The property to the east, north and west is zoned C-5 and to the south is I-1. Conformance with Long-Range Plan: The long-range plan calls for commercial/retail development in this area, so the request does not conform to the comprehensive plan. Professional Staff Recommendation: Staff feels that a Special Use Permit is the best approach for this use. Staff recommends approval.

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