Chapter 7.06
PLANNING AND ZONING COMMISSION
Sections:
7.06.070 Conflict of interest.
7.06.090 Repealed.
7.06.010 Establishment.
A. In accordance with Alaska Statutes, Title 29, the Matanuska-Susitna Borough by Ordinance Serial No. 09-112 has authorized delegation and the City of Houston has by Ordinance No. 09-07 accepted the responsibility of planning and land use regulations.
B. A City Planning and Zoning Commission is created which shall consist of five members who shall be nominated by the Mayor and confirmed by the City Council.
C. All members must be residents of the City.
D. A chair and vice chair of the Commission shall be selected and appointed from and by the appointive members during the first regular meeting of each calendar year. (Ord. 09-02 § 4, 2009; Ord. 15-18 § 5, 2015)
7.06.020 Term.
The term of each Commission member shall be three years beginning on January 1st and ending on December 31st, unless a different term is established by ordinance. Terms shall be staggered by the appointment of initial members so that as nearly as possible a pro rata number of members are appointed for each year. Members first appointed shall draw lots for one-, two-, and three-year terms. Any vacancy during the unexpired term of an appointive member shall be filled by the Council for the remainder of the term. (Ord. 09-02 § 4, 2009; Ord. 15-18 § 5, 2015)
7.06.030 Duties.
The Planning Commission shall:
A. Undertake a general review of the Comprehensive Plan at least once every two years and make recommendations to the Council for amendments. The Comprehensive Plan is a compilation of policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both private and public, of the City. Such Comprehensive Plan, with accompanying maps, plats, charts, descriptive and explanatory matter, shall show the Commission’s recommendations for the development of the City territory and may include, among other things:
1. A statement of policies, goals, and standards;
2. A land use plan;
3. A community facilities plan;
4. A transportation plan; and
5. Recommendations for implementation of the Comprehensive Plan.
B. Perform duties as set out in HMC Title 10, Land Use Regulations.
1. In accordance with the Comprehensive and Land Use Plans and in order to implement these plans, the Commission shall recommend actions governing the use and occupancy of land that may include, but are not limited to:
a. Zoning regulations restricting the use of land and improvements by geographic districts. This includes hearing and deciding on all permit applications that require a public hearing, including but not limited to applications for variances, rezones, and other procedures that may be required by the land use code.
b. Land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minimize unfavorable effects of uses and the construction of structures.
c. Measures to further the goals and objectives of the Comprehensive Plan.
d. In accordance with AS 29.40.040, a variance from a land use regulation may not be granted if:
i. Special conditions that require the variance are caused by the person seeking the variance;
ii. The variance will permit a land use in a district in which that use is prohibited; or
iii. The variance is sought solely to relieve pecuniary hardship or inconvenience.
2. Periodically review the land use code and make recommendations to the Council for amendments.
3. At the request of the Mayor or Council, investigate and prepare reports on the availability, location and establishment of public facilities.
C. Review and make determinations on state construction projects in accordance with AS 35.30.010 and may impose conditions or modifications on these projects. If the Commission determines the project should be disapproved or that modification should be made to which the state disagrees, the Commission shall immediately notify the Council and recommend disapproval by Council resolution pursuant to AS 35.30.010(c).
D. Investigate and prepare on an annual basis recommendations on a capital improvement program.
E. Make recommendations to the Borough Platting Board regarding platting and subdividing of lots, blocks or lands, roads, water and sewer, within the City limits and, to the extent allowed by the Borough Platting Board, regarding water and sewer within the City’s water and sewer district outside the City limits.
1. In exercising the powers granted it by this section, the Commission may prepare and recommend for City Council adoption ordinances and policies governing the subdivision of land within the City limits. Such ordinances and policies may provide for the harmonious development of the City and its environs; for the coordination of streets and other ways within the subdivided land with other existing or planned streets and ways and for conformance to the Comprehensive Plan or official map; for adequate open spaces; for spaces for traffic, utilities, recreation, light and air; and for the avoidance of congestion of population.
2. Subdividing, for the purposes of this section, shall be deemed to include the division of any lot, tract, or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development.
F. Perform other planning, zoning and land use related duties as established by the Council.
G. Record minutes of each meeting and forward them to the City Council through the City Clerk. (Ord. 09-02 § 4, 2009; Ord. 15-18 § 5, 2015)
7.06.040 Compensation.
The compensation of each Commission member shall be $25.00 per meeting, or special meeting or work session attended, as appropriated by the annual budget. (Ord. 09-02 § 4, 2009; Ord. 11-09 § 4, 2011; Ord. 15-18 § 5, 2015)
7.06.050 Meetings.
A. Regular meetings of the Planning and Zoning Commission will be conducted on the last Thursday of every month, unless the day falls on a holiday, then the meeting will be held on the preceding Thursday at City Hall. In the event that there are no current agenda items, the Planning and Zoning Commission may postpone the monthly meeting until the next scheduled monthly meeting. The Commission shall forward the agenda to the City Clerk for publication.
B. Special meetings may be called by the chair or three members of the Commission. Only those matters stated in the public notice shall be acted upon at a special meeting. (Ord. 09-02 § 4, 2009; Ord. 12-13 § 4, 2012; Ord. 12-21 § 4, 2012; Ord. 15-18 § 5, 2015)
7.06.060 Quorum and voting.
A quorum of the Planning and Zoning Commission shall be three members and no actions shall be taken by the Commission except by concurrence of at least three members. (Ord. 09-02 § 4, 2009; Ord. 12-13 § 4, 2012; Ord. 15-18 § 5, 2015)
7.06.070 Conflict of interest.
A Commissioner shall declare a substantial financial interest that the member has in an official action and the Commissioner shall not participate in such official action. No member of the Commission shall vote on any question upon which they have a substantial direct or indirect financial interest. (Ord. 09-02 § 4, 2009; Ord. 15-18 § 5, 2015)
7.06.080 Decisions.
A. All recommendations on permit actions of the Commission must be in the form of a resolution listing:
1. The date of significant meetings or hearings relating to the request;
2. The decision;
3. The basic facts and the reasoning leading to the decision; and
4. Conditions on the permit.
B. The decision must be signed by the chair. (Ord. 09-02 § 4, 2009; Ord. 15-18 § 5, 2015)
7.06.090 Appeals.
Repealed by Ord. 15-18. (Ord. 09-02 § 4, 2009)