REGULAR MEETING AGENDA Thursday, January 31st, 2019, 7:00 PM

Size: px

Start display at page:

Download "REGULAR MEETING AGENDA Thursday, January 31st, 2019, 7:00 PM"

Clemence Patterson
5 years ago
Views:

1 Rebecca Rein, Chair Ron Jones, Vice-Chair Leonard Anderson Deb Meister Brittany Mohar Virgie Thompson, Mayor Raymond Russell, Public Works Director Amy Hansen, Public Works Clerk & Aide to the City Clerk Houston Planning & Zoning Commission Houston City Hall Armstrong Houston, Alaska REGULAR MEETING AGENDA Thursday, January 31st, 2019, 7:00 PM I) CALL TO ORDER II) ROLL CALL III) INVOCATION AND PLEDGE OF ALLEGIANCE IV) PUBLIC COMMENTS V) APPROVAL OF THE AGENDA VI) SPECIAL ORDERS OF THE DAY 1) Election of Officer: Chair 2) Election of Officer: Vice-Chair 3) Oath of Office VII) REPORTS 1) Mayors Report 2) Clerks Report MSB Planning Report 3) Chairs Report 4) Public Works Report 5) Parks & Recreation Advisory Commission VIII) MINUTES OF THE PREVIOUS MEETING 1) December 28th, 2017 Regular Planning Commission Meeting Minutes IX) PERSONS TO BE HEARD X) PUBLIC HEARING (A member of the public may address the Commission for a maximum of five minutes.) XI) COMMITTEE OF THE WHOLE 1) Commission goals for ) Commission review of Comprehensive Plan Goals XII) UNFINISHED BUSINESS XIII) NEW BUSINESS 1) Resolution 19-PC-01 - A Resolution Of The City Of Houston Planning And Zoning Commission Forwarding An Application For A City Of Houston Variance For Lot 2 Block 3 Denlow Business Park And Forwarding Recommendations Of Approval With Conditions To The Houston City Council Sitting As The City Zoning Board. XIV) PUBLIC COMMENTS XV) COMMISSION AND COMMISSION STAFF COMMENTS XVI) ADJOURNMENT

2 Agenda Houston Planning Commission Page 1 of 1

4 CITY OF HOUSTON, ALASKA REGULAR MEETING MINUTES PLANNING & ZONING COMMISSION MINUTES December 27, 2018 Approved: I. CALL TO ORDER The Regular Meeting of the Houston Planning & Zoning Commission was held on Thursday, December 27, 2018 at Houston City Hall, W. Armstrong Road, Houston, Alaska Chair Rein called the meeting to order at 7:02 pm. II. ROLL CALL Commission Members present and establishing a quorum were: Chair Rebecca Rein Commissioner Brittany Mohar Commissioner Leonard Anderson Commissioner Ron Jones Commissioner Steven Mistor was absent City of Houston Staff and Officials in Attendance: Sonya Dukes, City Clerk Ray Russell, Public Works Director III. IV. Invocation and Pledge of Allegiance Ron Jones led the Invocation. Commissioner Mohar led the Pledge of Allegiance. Public Comments 1. Becca Moore inquired about interest in a junior Nordic ski club, fat tire biking & winter sports. V. Approval of the Agenda MOTION: Commissioner Mohar moved to approve the agenda of Thursday, December 27, DISCUSSION: There was no discussion. VOTE: There were none opposed and the agenda of December 27, 2018 was approved. Commissioner Mistor was absent VI. Special Orders of the Day There were no Special Orders of the Day. VII. Reports City of Houston Planning Commission Regular Meeting Minutes, Page 1 of 3

5 CITY OF HOUSTON, ALASKA REGULAR MEETING MINUTES PLANNING & ZONING COMMISSION MINUTES December 27, 2018 Approved: 1. Mayor s Report no report provided. 2. Clerk s Report another application for Planning & Zoning being reviewed & Anderson sworn in for another 3 years. 3. Chair s Report no report given. 4. Public Work s Report no report provided. 5. Parks & Recreation Advisory Commission no report provided. VIII. Minutes of the Previous Meeting 1.) November 29, 2018 Regular Planning Commission Meeting Minutes. MOTION: Commissioner Anderson moved to approve the minutes of the November 29, 2018 meeting. DISCUSSION: Anderson thought the minutes were well done. VOTE: There were none opposed and the minutes of November 29, 2018 were approved as amended. Commissioner Mistor was absent IX. Persons to be Heard no persons to be heard. X. Public Hearing no public hearing. XI. XII. Unfinished Business no unfinished business. New Business 1. Resolution 18-PC-07: A Resolution of the Houston Planning & Zoning Commission making and forwarding an application for a City of Houston variance for W Marginal Access Rd and forwarding recommendations of approval with conditions to the Houston City Council sitting as the city zoning board. MOTION: Commissioner Mohar moved to approve 18-PC-07. DISCUSSION: Discussion ensued. NOTE: There were none opposed and Resolution 18-PC-07 was approved. Commissioner Mistor was absent. XIII. XIV. Public Comments Commission and Commission Staff Comments City of Houston Planning Commission Regular Meeting Minutes, Page 2 of 3

6 CITY OF HOUSTON, ALASKA REGULAR MEETING MINUTES PLANNING & ZONING COMMISSION MINUTES December 27, 2018 Approved: Sonya Dukes, City Clerk Commissioner Anderson This variance will be a catalyst. Would like to see something in code about odor pollution. Need to review who is notified about and consider not allowing variances. Commissioner Mohar Smell on Parks Hwy is bad. Odor needs to be addressed. All for growth of the city. This is her last Planning & Zoning meeting. Commissioner Jones Grateful for Mohar s service. Need to address smells. Changes in code to make marijuana industry and city successful need to be looked at. Requests a work session on the matter. Suggests raising variance fees to cover city s costs. Appreciates Becky Moore coming to meeting. Chair Rein Expects a letter of recognition from Mistor soon. When code was written, no one knew what to expect. Will schedule a work session for January or February. XV. Adjournment MOTION: Chair Rein moved to adjourn. DISCUSSION: There was no discussion. VOTE: There were none opposed and the meeting adjourned at 7:31 PM. Commissioner Mistor was absent ATTEST: Rebecca Rein, Chair Amy Hansen, Public Works Clerk & Aide to the City Clerk City of Houston Planning Commission Regular Meeting Minutes, Page 3 of 3

7 Introduced by: Public Works Director Introduction Date: January 31, 2019 Approval Date: Action: Vote: HOUSTON, ALASKA RESOLUTION 19-PC-01 A RESOLUTION OF THE CITY OF HOUSTON PLANNING AND ZONING COMMISSION FORWARDING AN APPLICATION FOR A CITY OF HOUSTON VARIANCE FOR LOT 2 BLOCK 3 DENLOW BUSINESS PARK AND FORWARDING RECOMMENDATIONS OF APPROVAL WITH CONDITIONS TO THE HOUSTON CITY COUNCIL SITTING AS THE CITY ZONING BOARD. WHEREAS, B. H. Tilton submitted an application for a variance from the setback and buffering requirements made applicable to Marijuana Cultivation Facilities within the City by HMC ; and WHEREAS, the Public Works Director undertook an investigation of the facts bearing on the application as required by HMC (C) and based upon that information issued a Staff Report to the City Planning & Zoning Commission recommending approval of the variance; and WHEREAS, on January 31, 2018 the Planning & Zoning Commission held a public meeting regarding the application, during which it undertook an investigation regarding the application that took into account the information submitted by the applicant and the Public Works Director, written and verbal testimony submitted at the meeting, the applicable provisions of the Houston Municipal Code and Comprehensive Plan, and other applicable considerations; and WHEREAS, the Planning & Zoning Commission adopted Resolution No. 19-PC-01, by which it adopted findings of fact and forwarded a recommendation of approval with conditions to the City Council sitting as the City Zoning Board; and WHEREAS, HMC (D) provides that the City Council, sitting as the City Zoning Board, shall hold a public hearing and make a final decision regarding applications for variances; and NOW, THEREFORE, BE IT RESOLVED by the Planning & Zoning Commission for the City of Houston, Alaska that it hereby recommends approval of variance # City of Houston, Alaska Resolution No. 19-PC-01 Page 1 of 1

8 PASSED, APPROVED, AND ADOPTED By a duly constituted quorum of the Planning & Zoning Commission for the City of Houston on THE CITY OF HOUSTON, ALASKA Rebecca Rein, Chair ATTEST: Amy Hansen, Public Works Clerk/Aide to the City Clerk

City of Houston, Alaska Public Work s Department STAFF REPORT TO THE CITY PLANNING & ZONING COMMISSION Prepared By: Raymond Russell, Public Works Director Meeting Date: January 31, 2019 I.

9 City of Houston, Alaska Public Work s Department STAFF REPORT TO THE CITY PLANNING & ZONING COMMISSION Prepared By: Raymond Russell, Public Works Director Meeting Date: January 31, 2019 I. INTRODUCTORY SUMMARY Applicant: Berkley H. Tilton Land Owner(s): DENLOW LAND TRUST Request: Location: Parcel Size: Zoning District: Variance of 0.5 up to 1.4 feet from the required 25-foot setback requirement and from buffering requirement for operation of a Standard Marijuana Cultivation Facility Weston Drive 0.93 acres Parks Highway, PH II. RECOMMENDED ACTION Staff recommends that the Commission finds that the age and type of structure on the subject property make it impossible or impractical to relocate the existing structure to another portion of the property within the required setbacks and buffer areas, and recommend approval of City of Houston Variance Permit #19-01 with conditions. III. SUMMARY OF REQUEST The applicant has applied for a variance from minimum setback and buffer requirements in order to permit the use of the residential structure that is located on the property as a Standard Marijuana Cultivation Facility. HMC provides that marijuana businesses other than a retail stores shall provide a minimum 25-foot setback and buffer of natural vegetation from adjacent properties. See Attachment 9. The structure is feet from the eastern property line. City of Houston, Public Works P.O. Box Houston, Alaska Phone: (907) Fax: (907) rrussell@houston-ak.gov Website:

10 IV. STAFF INVESTIGATION HMC governs the procedures and general standards for issuing variances from City land use requirements. These requirements, and staff findings regarding each of them, are as follows: HMC (B) Staff Finding: Applications must be submitted to the Public Works Director, and must include: (1) a legal description of the property; (2) a site plan or as-built of the subject parcels, submitted under the seal of a registered professional land surveyor, which shows all existing and proposed buildings or alterations and other information relevant to the variance request; (3) Evidence of the ability and intention of the applicant to proceed in accordance with the plans within 12 months after the effective date of the variance; and, (4) a statement and adequate evidence to show that the variance meets applicable standards. The applicant submitted an Application for Variance Permit (Attachment 1) on December 23, The property s legal description appears at Attachment 2. The required as-built appears the Variance Application; Staff finds that the application and supporting materials demonstrate that the applicant has the ability and the intention to proceed in accordance with plans within 12 months. HMC (B)(4) Variance Standards A variance may only be granted if each of the following four conditions are met: a. There are special circumstances that apply to the particular property or to the intended use, such as shape of parcel, topography or location characteristics, that do not apply to the other property or class of use in the same district; Staff Finding: Staff finds that the shape and size of the subject property is similar to that of adjoining properties, and that if the structure were relocated to

11 the center of the property, it would meet applicable setback requirements. However, the applicant has stated that based on the construction of the building could leave it at risk to be structural unsound if relocated. Plat 77-21(pg.2) Denlow Business Park (Attachment 3) shows Lots 1 through 6 are all platted at 125 feet wide and 322 foot deep. At present the lots in the Denlow Business Park are being used as residences, Licensed Marijuana Cultivations and one Licensed Marijuana Retail Store. b. The strict application of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title; Staff Finding: The subject property falls within the City Parks Highway district. HMC (A) provides that the purpose of this district is to encourage a moderate level of growth which will provide an economic base in Houston adequate to allow provisions of employment opportunities in the area and to avoid becoming dependent upon external governmental or economic factors and activities. It is also intended to maintain the qualities that make the George Parks Highway corridor an attractive community entry and community center. These qualities include buildings set back form the street, predominance of trees and other vegetation and building sizes and styles that reflect Houston s history and natural setting. It is intended to encourage this area to support a mixture of residential and commercial activities. The operation of commercial Standard Marijuana Cultivation facilities is a permitted use in the district. If the property cannot be used for this permitted use because it has unique characteristics that make it impossible to reasonably relocate the current structure on the property, the applicant would be deprived from engaging in a use available to other properties located in the district. c. The special conditions and circumstances do not result from the actions of the applicant and do not merely constitute pecuniary hardship or inconvenience;

12 Staff Finding: The existing structure is in compliance with the development standards for a single-family residence in the Parks Highway District. The proposed change in use requires compliance with new development standards to be allowed, setback standards which the existing structure does not meet. It is not due to the action or inaction of the applicant that the existing structure does not meet the setback standards for a marijuana cultivation facility. d. Granting of the variance will be in harmony with the objectives of the Comprehensive Plan and this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; Staff Finding: Staff finds that granting the variance is in alignment with the Comprehensive Plan. The City of Houston Comprehensive Plan Updated, 2016 identifies a growth and economic development goal for the city and approval of this variance would be in compliance with this goal and its supporting objectives. Allowing the variance to the setback development standard would allow the proposed marijuana cultivation facility to establish in the city s commercial core, assuming approval by Alaska Alcohol and Marijuana Control Office (AMCO). This directly supports the following Growth and Economic Development Objectives: Encourage moderate economic growth which will provide a base in Houston adequate to foster employment opportunities with the City Provide 10% increased local employment opportunities for residents by encouraging a balanced economic base Encourage continued growth of employment in the commercial core of Houston. HMC (B)(5) If a property qualifies for a variance, the variance granted must meet the following conditions:

13 a. The deviation from the requirement of this title that is permitted by the variance may be no more than is necessary to permit a reasonable use of the lot; Staff Finding: The proposed variance is only for the foot shortage of the 25- foot minimum set-back and buffer. b. The variance will not permit a land use that is prohibited by this title; Staff Finding: The operation of Standard Marijuana Cultivation Facilities is a permitted use in the Parks Highway zoning district. c. The variance is in keeping with the spirit and intent of this chapter and the requirements from which relief is sought; Staff Finding: This is met d. The variance will not be detrimental to the public health, safety or welfare; Staff Finding: The potential for the proposed variance to impact health, safety or welfare is relatively low, and is in alignment with the development in the subdivision. e. The variance will not adversely affect other property; Staff Finding: There is no indication that the variance would adversely affect other properties, and is in alignment with the development in the subdivision. f. The fee established in the City s fee schedule is included with the application. Staff Finding: The applicant has paid all applicable fees due to the City as part of this application process. V. SUMMARY AND RECOMMENDATIONS: Based upon the explanation appearing above, Public Works Staff recommends that the Variance Permit be approved with the following conditions: